LIBRARY 

OF   THK 

University  of  California. 

GIKT  OK  I 

r 

Received  ,  igo     .. 

Accession  No.       82'/'i5.0    •    Class  No. 


COMPLIMENTS    OF 

LE.WIS  D.   BONE.BRAKE 

COMMISSIONER 


OHIO 

SCHOOL 

LAWS 

IN  FORCE  APRIL  16,  1900 


BLANK    FORMS   AND    DIRECTIONS 
TO  SERVE   AS   A   GUIDE 
FOR   SCHOOL   OFFICERS 


OHIO 


SCHOOL  LAWS 


IN   FORCE   APRIL   16,  1900. 


BLANK   FORMS  AND   DIRECTIONS  TO  SERVE 
AS  A  GUIDE  FOR  vSCHOOL  OFFICERS. 


v^braTv* 


XTNIVERSITY 


COLUMBUS,  OHIO: 

F.  J.  BEER,  STATE  PRINTER. 

1900. 


L-,\0  CJ-Z}  L- 


1 


033 

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PREFACE. 


Section  360  authorizes  the  state  commissioner  of  common  schools  to 
cause  as  many  copies  of  the  laws,  as  may  be  necessary,  relating  to  schools 
and  teachers'  institutes,  with  an  appendix  of  appropriate  forms,  to  be 
printed  and  distributed  when,  in  his  judgment,  the  same  may  be  neces- 
sary. The  last  edition  was  prepared  in  1897,  since  which  date  many 
important  changes  have  been  made,  both  by  the  Seventy-third  and  the 
Seventy- fourth  General  Assembly.  These  changes  have  been  incorpor- 
ated in  the  present  edition,  together  with  certain  sections  relating  to  li- 
braries, colleges  and  universities,  not  heretofore  included  in  the  editions 
of  the  school  laws  sent  out.  The  citations  and  decisions  of  the  courts 
have  been  made  as  full  and  complete  as  practicable.  In  a  number  of 
instances  the  opinions  of  the  attorney-general  and  the  commissioner  are 
added  where  it  seemed  necessary,  or  where  the  courts  have  not  as  yet 
given  their  interpretation. 

School  officers  will  find  in  the  main  that  the  general  provisions  of 
the  school  laws  are  quite  plain  and  easy  of  comprehension,  especially 
when  read  in  connection  with  the  notes  and  decisions  found  under  each 
section.  Officials  will  be  better  prepared  to  discharge  their  duties  by 
becoming  familiar  with  the  various  sections  and  enactments  printed  here- 
with. In  doing  so  they  should  remember  that  the  entire  system  of 
schools  maintained  by  the  state  has  as  its  object  the  proper  education 
and  training  of  the  youth  of  the  commonwealth,  and,  generally  speak- 
ing, all  school  laws  should  be  interpreted  in  a  wise  and  liberal  spirit. 

The  sections  of  this  edition,  by  the  courtesy  of  W.  H.  Anderson 
&  Company,  of  Cincinnati,  are  numbered  and  given  as  in  Bates'  Anno- 
tated Ohio  Statutes.  In  this  connection  I  wish  to  acknowledge  the 
painstaking  assistance  accorded  me  by  Mr.  H.  H.  Cassil  and  Attorney- 
General  Sheets  in  the  preparation  of  this  edition. 

Lewis  D.  Bonebrake, 

State  Commissioner  of  Common  Schools. 
August  I,  1900. 


82750 


RBFERBNCBS. 


The  following  is  an  explanation  of  the  abbreviations  used  in  the  sec- 
tional notes  found  in  this  volume: 

Atty.  Gen'l Opinion  of  Attorney  General. 

B Weekly  Law  Bulletin. 

C.  C Ohio  Circuit  Court  Reports. 

CD Ohio  Circuit  Decisions. 

Com Opinion  of  State  Commissioner  of 

Common  Schools. 

N.  P Nisi  Prius. 

O.  D Ohio  Decisions. 

O Ohio  Reports. 

O.  S Ohio  State  Reports. 

Rec American  Law  Record. 

W.  L.  M Western  Law  Monthly. 


■^  r^  A  R 
J         '    or  f  "i"  ^ 

CONSTITUTION  OF  OHIO 

RELATING   TO 

PUBLIC  SCHOOLS. 


ARTICLE    I. 


Sec.  7.  [Of  the  rights  of  conscience;  necessity  of  religion  and 
knowledge.]  *  *  ♦  Religion,  morality  and  knowledge,  however,  be- 
ing essential  to  good  government,  it  shall  be  the  duty  of  the  general 
assembly  to  pass  suitable  laws  to  protect  every  religious  denomination 
in  the  peaceable  enjoyment  of  its  own  mode  of  public  worship,  and  to 
encourage  schools  and  the  means  of  instruction. 

"The  system  of  public  education  in  Ohio  is  the  creature  of  the  Constitution  and  statutory 
laws  of  the  state.  It  is  left  to  the  discretion  of  the  general  assembly,  in  the  exercise  of  the 
general  legislative  power  conferred  upon  it  (Art.  11,  §  1),  to  determine  what  laws  are  'suitable' 
to  secure  the  organization  and  management  of  the  contemplated  system  of  common  schools, 
without  express  restriction,  except  that  'no  religious  or  other  sect  or  sects  shall  ever  have 
any  exclusive  right  to,'  or  control  of,  any  part  of  the  school  funds  of  this  state'  "  21  O.  S., 
198-205;   Day,   J. 

The  compulsory  education  law  comes  within  this  section.    5  C.    C. ,   645. 

ARTICLE   II, 

Sec.  26.  [What  laws  to  have  uniform  operation.]  All  laws  of  a 
general  nature,  shall  have  a  uniform  operation  throughout  the  state ;  nor, 
shall  any  act,  except  such  as  relates  to  public  schools,  be  passed,  to  take 
effect  upon  the  approval  of  any  other  authority  than  the  general  assem- 
bly, except,  as  otherwise  provided  in  this  Constitution. 

The  formation  of  a  special  school  district  from  territory  within  the  limits  of  a  township^ 
by  special  act,  is  not  unconstitutional.  Special  legislation  upon  a  subject  matter  in  its  nature 
local,  is  not  in  conflict  with  the  Constitution,  although  the  subject  matter  is  the  subject  of 
a  general  law.    46  O.  S.,  275. 

ARTICLE   VI. 

Sec.  I.  [Funds  for  educational  and  religious  purposes.]  The 
principal  of  all  funds,  arising  from  the  sale,  or  other  disposition  of 
lands,  or  other  property,  granted  or  intrusted  to  this  state  for  educa- 
tional and  religious  purposes,  shall  forever  be  preserved  inviolate, 
and  undiminished ;  and,  the  income  arising  therefrom,  shall  be  faith- 
fully applied  to  the  specific  objects  of  the  original  grant,  or  appro- 
priations. 

Sec.  2.  [School  funds.]  The  general  assembjy  shall  make  such 
provisions,  by  taxation,  or  otherwise,  as,  with  the  income  arising  from 
the  school  trust  fund,  will  secure  a  thorough  and  efficient  system  of 
common  schools  throughout  the  state;    but  no  religious  or  other  sect, 

6 


6  CONSTITUTION   OP  OHIO. 

or  sects,  shall  ever  have  any  exclusive  right  to,  or  control  of,  any  part 
of  the  school  funds  of  this  state. 

Religious  instruction,  or  the  reading  of  the  Bible  in  the  public  schools,  is  not  required 
by  the  Constitution.  The  board  of  education  have  the  sole  management  of  the  schools,  and 
the  courts  cannot  direct  what  instruction  shall  be  given  or  what  books  read.    23  O.  S.,  211. 

A  requirement  of  a  board  of  education  that  the  Bible  be  read  in  the  schools  as  an 
opening  exercise  cannot  be  interfered  with  by  the  courts,  and  is  not  in  violation  of  any  con- 
stitutional  rights.    1   N.   P.,   140. 

It  is  an  unlawful  diversion  of  the  school  funds  of  the  state  of  Ohio  for  a  board  of  educa- 
tion to  authorize  the  teaching  of  religion  as  a  regular  branch  of  study.    Attorney  General. 

ARTICLE   XII. 

Sec.  2.  [Taxation  by  uniform  rule.]  Laws  shall  be  passed,  by 
taxing  by  a  uniform  rule,  all  moneys,  credits,  investments  in  bonds, 
stocks,  joint  stock  companies,  or  otherwise;  and  also  all  real  and  per- 
sonal property,  according  to  its  true  value  in  money ;  but  burying  grounds, 
public  school  houses,  houses  used  exclusively  for  public  worship,  in- 
stitutions of  purely  public  charity,  public  property  used  exclusively  for 
any  public  purpose,  and  personal  property,  to  an  amount  not  exceeding 
in  value  two  hundred  dollars,  for  each  individual,  may,  by  general  laws, 
be  exempted  from  taxation;  but  all  such  laws  shall  be  subject  to  al- 
teration or  repeal ;  and  the  value  of  all  property,  so  exempted,  shall,, 
from  time  to  time,  be  ascertained  and  published,  as  may  be  directed  by 
law. 

School   property  is  not  liable  to  assessment  for  street  improvement;   nor  can  a  judjgment 
be  rendered  against  the  board  of  education  for  the  payment  of  the  assessment  out  of  its  con-  , 
tingent  fund.    48  O.   S.,   83. 

Sidewalk— School   property   not   assessable   for.    48   O.    S.,   87. 


INTERPRETATION  OF  STATUTES. 

INTERPRETATION  OF  STATUTES. 


Sec  23.  R.  S.  [Interpretation  of  certain  words.]  In  the  inter- 
pretation of  Parts  First  and  Second,  unless  the  context  shows  that  an- 
other sense  was  intended,  the  word  "bond"  includes  an  "undertaking," 
and  the  word  "undertaking"  inckides  a  "bond";  "and"  may  be  read 
"or,"  and  "or"  read  "and,"  if  the  sense  requires  it ;  words  of  the  present 
include  a  future  tense,  in  the  masculine,  include  the  feminine  and 
neuter  genders,  and  in  the  plural  include  the  singular  and  in 
the  singular  include  the  plural  number;  but  this  enumeration  shall 
not  be  construed  to  require  a  strict  construction  of  other  words  in  said 
Parts,  or  in  this  Code. 

A  construction  which  gives  effect  to  every  section  and  clause  must 
be  favored,  i  C,  381,  385;  2  C,  395,  398;  17  O.  S.,  52,  68;  3  O., 
187,  193;  5  O.,  48,  51 ;  2  O.  S.,  147,  151. 

Each  part  must  harmonize  with  each  other,  and  a  construction  of 
one  clause  which  will  neutralize  another  cannot  be  correct.  3  O.,  187, 
193;   2  0.,  395,  398;   5  0.,  48,  51. 

What  is  plainly  implied  in  a  statute  is  as  much  a  part  of  it  as  what 
•  is  expressed.     50  O.  S.,  330. 

The  ordinary  and  natural  import  of  words  consistent  with  the  com- 
mon sense  of  the  community  is  to  be  adopted  in  arriving  at  legislative 
intent.     5  C,  65,  71 ;   25  O.  S.,  26,  28. 

In  considering  questions  arising  under  the  school  legislation  of  the 
state,  such  construction  should  be  placed  upon  its  various  enactments,, 
and  the  several  provisions  thereof,  as  will  give  harmony  to  our  educa- 
tional system,  and  secure,  as  far  as  practicable,  its  equal  benefits,  and 
the  reasonable  facilities  for  their  enjoyment  to  every  locality.     21  O. 

S.,  339- 

Penal  statutes  must  be  construed  strictly,  and  cannot  be  extended  by 
implication  to  cases  not  strictly  within  their  terms.  20  C,  7;  18  C, 
11;  38  O.  S.,  659;  44  O.  S.,  347. 

While  the  opinion  of  the  state  commissioner  of  common  schools 
cannot  have  the  force  of  a  judicial  interpretation,  it  is  of  great  force  as 
the  opinion  of  an  eminent  educator,  who  was  at  the  head  of  the  school 
system  of  the  state,  and  presumably  familiar  with  the  necessities  of  the 
schools.    2  C.  C,  366;   Stewart,  J. 


REVISED  STATUTES  OF  OHIO. 


PART  FIRST— TITLE  III. 


CHAPTER  XIII. 

STATE   COMMISSIONER  OF  COMMON   SCHOOLS. 


Section. 

361.  Annual  report  of  commissioner  of 
schools. 

3G2.     What    the   report    shall    contain. 

363.  Shall  require  reports  from  private 
schools,    etc. 

304.  His  duty  on  complaint  of  fraudulent  use 
of    money;    appointment    of    examiner. 

SC5.  Powers,  duties,  and  compensation  of  ex- 
aminer. 

366.     Duty  of  judge  and  prosecuting  attorney. 


Sectiok 

554.  State  commissioner  of  common   schools; 

election   and   term   of;    proviso. 

355.  Bond. 

356.  His    office;    books    and    papers;    prohibi- 

tions. 

357.  His  duties  to  teachers'  institutes,   etc. 

555.  His    supervision    over    school    funds    and 

school    officers. 

359.  Shall    prepare    and    transmit    forms    and 

instructions. 

360.  Shall  cause  school  laws,   with  form,  etc., 

to    be   printed   and   distributed. 

Sec.  354.  [State  com.-nissioncr  of  common  schools;  election  and 
term  of;  proviso.]  There  shall  be  elected  triennally,  at  the  general 
election  for  state  officers,  a  state  commissioner  of  common  schools,  who 
shall  hold  his  office  for  the  term  of  three  years  from  the  second  Mon- 
day of  July  succeeding  his  election ;  and  in  case  of  a  vacancy  occurring 
by  death,  resignation,  or  otherwise,  the  governor  shall  fill  the  same  by 
appointment.  Provided,  that  the  state  commissioner  of  schools  now  in 
office  shall  continue  to  hold  his  office  until  three  years  from  the  second 
Monday  of  July  succeeding  his  election.  (1884,  March  2'j\  81  v.  89; 
Rev.  Stat.  1880;   70  v.  195,  §  102;    S.  &  C,  1362.) 

Appointment  of  state  board  of  examiners  by  the  state  commissioner  of  common  schools; 
see  Sec.  4065. 

Sec.  355.  [His  official  bond,  and  oath.]  Before  entering  upon  the 
discharge  of  his  official  duties,  the  commissioner  shall  give  bond  in  the 
sum  of  five  thousand  dollars  to  the  state,  with  two  or  more  sureties, 
to  the  acceptance  of  the  secretary  of  state,  conditioned  that  he  will  truly 
account  for  and  apply  all  moneys  or  other  property  which  may  come  into 
fkis  hands  in  his  official  capacity,  and  that  he  will  faithfully  perform  the 
duties  enjoined  upon  him  according  to  law ;  which  bond,  with  his  oath 
of  office  indorsed  thereon,  shall  be  filed  with  the  treasurer  of  state.  (70 
V.  195,  §  103;  S.  &  C.  1362.) 

Bond   of  officers,    see   Sec.   7  R.  S. 

9 


10  OHIO    SCHOOL    LAWS. 


Ch.  13.  State  Commissioner  of  Common  Schools. 

Sec.  356.  [Office;  books  and  papers ;  prohibitions.]  The  books 
and  papers  of  his  department  shall  be  kept  at  the  seat  of  government 
where  a  suitable  office  shall  be  furnished  by  the  state,  at  which  he  shall 
give  attendance  not  less  than  ten  months  in  each  year,  except  when  ab- 
sent on  public  duty;  and  he  shall  not,  while  holding  the  office  of  state 
commissioner  of  common  schools,  perform  the  duties  of  teacher  or 
superintendent  of  any  public  or  private  school,  or  be  employed  as 
teacher  in  any  college,  or  hold  any  other  office  or.  position  of  emolu- 
ment.    (90  V,  13;   70  V.  195,  §  104;   S.  &  C,  1362.) 

Sec.  357.  [His  duties  in  visiting  the  several  judicial  districts.] 
Tfie  commissioner  shall  visit  annually,  each  judicial  district  of  the  state, 
superintending  and  encouraging  teachers'  institutes,  conferring  with 
boards  of  education  or  other  school  officers,  counseling  teachers,  visit- 
ing schools  and  delivering  lectures  on  topics  calculated  to  subserve  the 
interests  of  popular  education.     (70  v.  195,  §  105;   S.  &  C,  1362.)     , 

Sec.  358,  [His  supervision  over  school  funds ;  may  require  reports 
from  certain  officers.]  He  shall  also  exercise  such  supervision  over  the 
educational  funds  of  the  state  as  is  necessary  to  secure  their  safety 
and  right  application  and  distribution  according  to  law.  He  has  power 
to  require  of  county  auditors,  boards  of  education,  clerks  and  treasurers- 
of  boards  of  education,  or  other  local  school  officers,  and  county  treas- 
urers, copies  of  all  reports  by  them  required  to  be  made,  and  all  such 
other  information  in  relation  to  the  funds  and  condition  of  schools  and 
the  management  thereof  as  he  deems  important.  (70  v.  195,  §  106; 
S.  &  C,  1362.) 

Sec.  359.  [Shall  prepare  forms,  etc.]  He  shall  prescribe  suitable 
forms  and  regulations  for  making  all  reports  and  conducting  all  necessary 
proceedings  under  the  school  laws,  and  cause  the  same,  with  such  in- 
structions as  he  deems  necessary  and  proper  for  the  organization  and 
government  of  schools,  to  be  transmitted  to  the  local  school  officers,  who 
shall  be  governed  in  accordance  therewith.     (70  v.  195,  §  107;   S.  &  C, 

1363-) 

Sec.  360.  [Duties  as  to  distribution  of  schoollaws,  etc.]  He  shall 
cause  as  many  copies  of  the  laws  as  are  necessary,  relating  to  schools- 
and  teachers'  institutes,  with  an  appendix  of  appropriate  forms  and 
instructions  for  carrying  into  execution  all  such  laws,  to  be  printed  in 
a  separate  volume,  and  distributed  to  each  county  with  the  laws,  jour- 
na.ls,  and  other  documents;  for  the  use  of  the  school  officers  therein,, 
as  often  as  any  change  in  the  laws  is  made  of  sufficient  importance,  ^n 
the  opinion  of  the  commissioner,  to  require  a  republication  and  distri- 
bution thereof.     (70  v.  195,  §  108;   S.  & C,  1363.) 

As  to  the  force  and  effect  of  instructions  printed  in  a  book  prepared  in  pursuance  of 
this  section;   see  2  C.   C,  366. 


OHIO   SCHOOL   LAWS.  H 


State  Commissioner  of  Common  Schools.  Ch-  13. 

Sec.  361.  [Annual  report  of  commissioner  of  schools.]  He  shall 
make  an  annual  report,  on  or  before  the  fifteenth  day  of  November,  to 
the  general  assembly,  when  that  body  is  in  session,  and  when  not  in 
session  the  report  shall  be  made  to  the  governor,  who  shall  cause  the 
same  to  be  published,  and  shall  also  communicate  a  copy  thereof  to  the 
general  assembly  at  the  beginning  of  the  next  session.  (1888,  Apr.  11  l 
85  V.  192;  Rev.  Stat.  1880;  70  v.  195,  §  109;   S.  &  C,  1363.) 

Provisions  for  printing  report;    see  Sec.  63,   R.  S. 

Sec.  362.  [What  it  shall  present.]  In  his  annual  report  he  shall 
present  a  statement  of  the  condition  and  amount  of  all  funds  and  prop- 
erty appropriated  to  purposes  of  education ;  a  statement  of  the  number 
of  common  schools  in  the  state,  the  number  of  scholars  attending  such 
schools,  their  sex,  and  the  branches  taught ;  a  statement  of  the  number 
of  private  or  select  schools  in  the  state,  so  far  as  the  same  can  be  as- 
certained, and  the  number  of  scholars  attending  such  schools,  their  sex, 
and  the  branches  taught;  a  statement  of  the  number  of  teachers'  in- 
stitutes, the  munber  of  teachers  attending  them,  and  the  number  of 
instructors  and  lecturers,  and  the  amount  paid  to  each ;  a  statement  of 
the  estimates  and  accounts  of  the  expenditures  of  the  public  school  funds 
of  every  description ;  a  statement  of  plans  for  the  management  and  im- 
provement of  common  schools,  and  such  other  information  relative  to 
the  educational  interests  of  the  state  as  he  deems  of  importance.  (70 
v.  195,  §110;   S.  &  C,  1363.) 

As  to  the  duty  of  county  auditors  in  transmitting  abstracts  of  school  statistics  to  stater 
commissioner  of   common   schools;    see   Sec.    4060. 

Sec.  363.  [Shall  require  reports  from  private  schools,  etc.]  He 
shall,  annually,  require  of  the  president,  manager,  or  principal  of  every 
seminary,  academy,  and  private  school,  a  report  of  such  facts,  arranged 
in  such  form  as  he  prescribes,  and  .shall  furnish  blanks  for  such  reports ; 
and  it  is  made  the  duty  of  every  such  president,  manager,  or  principal, 
to  fill  up  and  return  such  blanks  within  the  time  the  commissioner  directs. 
(73  v.  225,  §  I.) 

Sec.  364.  [Duties  of  commissioner  on  complaint  of  fraudulent  use 
of  money,  etc.;  appointment  of  accountant  to  investigate  charges.} 
When  a  complaint  is  made  to  the  state  commissioner  of  common  schools,, 
in  writing,  verified  by  the  affidavits  of  at  least  three  freeholders  and 
taxpayers,  resident  of  any  school  district  in  the  state,  and  bearing  the 
certificate  of  the  auditor  or  auditors  of  th^  respective  county,  or  coun- 
ties, in  which  said  district  is  located,  that  said  affiants  are  freeholders 
and  taxpayers,  alleging  that  they  have  good  reason  to  and  do  believe 
that  any  portion  of  the  school  fund  of  such  district  has  been  expended,, 
or  is  being  expended,  contrary  to  law,  or  has  been  fraudulently,  un- 


12  OHIO    SCHOOL   LAWS. 


Ch.  13.  State  Commissioixer  of  Common  Schools. 

lawfully,  or  corruptly  used,  or  misapplied,  by  any  of  the  officers  of  such 
district,  or  that  there  have  been  fraudulent  entries  in  the  books,  ac- 
counts, vouchers,  or  settlement  sheets  thereof,  by  any  such  officers,  or  that 
any  of  such  officers  have  not  made  settlements  of  their  account  as 
required  by  law,  or  whenever  from  information  filed  in  his  office, 
or  from  other  cause,  the  state  commissioner  of  common  schools  may 
deem  it  necessary  for  the  safety  and  security  of  the  public  funds  of 
any  school  district,  situated  in  the  state  of  Ohio,  he  is  authorized  and 
required  to  appoint  some  trustworthy  and  competent  accountant,  for  the 
purpose  of  investigating  such  complaint,  or  allegations,  who  after  be- 
ing duly  commissioned  by  said  state  commissioner  of  common  schools 
and  sworn  by  any  person  authorized  by  law  to  administer  oaths,  shall 
forthwith  visit  such  school  district  and  take  possession  of  all  the  books, 
papers,  vouchers  and  accounts  of  such  district,  and  investigate  the  truth 
of  the  allegations  of  such  complaint,  and  the  condition  of  the  school 
fund  of  such  district ;  and  the  several  officers  of  such  school  district, 
on  the  application  of  such  examiner,  shall  immediately  place  in  his  pos- 
session all  their  books,  accounts,  contracts,  vouchers,  and  other  papers 
having  reference  to  the  receipts  and  disbursements  of  the  school  funds ; 
and  the  county  auditor  and  treasurer  shall  give  such  examiner  free  ac- 
cess to  all  the  records,  books,  papers,  vouchers,  and  accounts  of  their 
respective  offices  having  reference  to  the  object  of  such  investigation, 
and  said  examiner  is  authorized,  by  and  with  the  written  consent  of  the 
prosecuting  attorney,  or  the  judge  of  the  court  of  common  pleas  of 
the  county  in  which  such  district  is  located,  to  require  the  assistance  of 
the  official  stenographer  of  said  county,  in  making  such  examination ; 
and  said  stenographer  shall  receive  only  such  compensation  and  in  the 
manner  provided  in  section  478,  Revised  Statutes,  upon  the  certificate  of 
the  prosecuting  attorney  of  said  county.     (94  v.  312  ;  ^2^.  82,  §1.)    ' 

Blanks  are  not  furnished  by  the  state  commissioner  for  the  purposes  of  this  section;  for 
forms;   see  Appendix. 

Sec.  365.  [Powers  and  duties  of  examiner;  his  compensation; 
payment  thereof.]  Such  examiner  shall  have  authority  to  call  before 
him  forthwith,  upon  written  notice,  and  examine  witnesses,  under  oath, 
to  be  administered  by  him ;  and  he  shall  immediately  after  completing 
such  investigation,  report  in  writing,  in  duplicate,  setting  forth  the  con- 
dition of  the  books,  vouchers,  and  accounts  of  such  district,  the  amount 
of  school  funds  received  for  any  and  all  purposes,  and  from  whatever 
source,  the  amount  expended,  and  for  what,  and  the  amount  actually  in 
the  treasury,  one  copy  of  which  report  he  shall  file  in  the  office  of  the 
clerk  of  the  court  of  common  pleas  of  the  county  in  which  such  dis- 
trict is  situate,  and  the  other  copy  he  shall  transmit  to  the  state  com- 
missioner of  common  schools  at  Columbus ;    and  the  examiner  so  ap- 


OHIO   SCHOOL   LAWS.  13 


State  Commissioner  of  Common  Schools.  Ch.  13. 

pointed  and  performing  the  duties  herein  required,  shall  receive  as  com- 
pensation a  per  diem  of  five  dollars  for  each  day  necessarily  engaged 
in  the  performance  of  his  duties,  and  shall  also  receive  five  cents  for 
each  mile  by  him  necessarily  traveled  in  that  behalf;  but  no  mileage, 
shall  be  allowed  for  a  greater  distance  than  from  Columbus  to  such  dis- 
trict ;  and  such  compensation  and  mileage  shall  be  paid  out .  of  the 
county  treasury  upon  the  warrant  of  the  county  auditor,  and  if  the  iof- 
vestigation  establish  the  truth  of  any  material  allegation  in  such  com- 
plaint, then  such  amount  so  paid  shall  be  assessed  by  the  county  auditor 
upon  the  taxable  property  of  the  district,  to  be  collected  as  other  taxes 
are  for  the  use  of  such  county  treasurer.     (94  v.  313  ;  "jzv,  82,  §  2.) 

Sec.  366.  [Adverse  report  of  examiner  to  be  given  in  charge  to 
the  grand  jury;  duty  of  prosecuting  attorney.]  The  judge  ol  the  court 
of  common  pleas  of  the  proper  county  shall  examine  the  reports  so  filed 
in  the  clerk's  office,  as  provided  in  section  three  hundred  and  sixty-five^, 
and  if  it  appear  therefrom  that  any  part  of  the  common  school  fund 
has  been  fraudulently,  unlawfully,  or  corruptly  used  or  misapplied,  or 
that  there  has  been  fraud  in  any  of  the  entries,  accounts,  vouchers,  con- 
tracts, or  settlements,  or  that  the  settlements  have  not  been  made  as  re- 
quired by  law.  or  that  there  appears  any  defalcation  or  embezzlement 
on  the  part  of  any  of  the  officers  of  such  school  district,  he  shafi  give 
the  report  specially  in  charge  to  the  grand  jury  at  the  term  of  the  court 
of  common  pleas  next  after  the  filing  of  the  "same;  and  the  prosecut- 
ing attorney  of  such  county  shall  forthwith  institute  and  carry  for- 
ward such  proceedings,  civil  or  criminal,  or  both,  against  the  delinquent 
oflficcr  or  officers  of  such  district  as  is  authorized  by  law.  (72  v.  82^ 
§3.) 


4 


Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter  8 
Chapter  9 
Chapter  10 
Chapter  11 
Chapter  12 
Chapter  13 
Chapter  14 
Chapter  15 


PART  SECOND— TITI.B  III. 

SCHOOLS. 

Classification  and  Change  of  Districts. 

City  Districts  of  the  First  Class. 

City  Districts  of  the  Second  Class,  and  Village  Distrcts. 

Township  and  Special  Districts. 

Joint  Sub-districts. 

School  Funds. 

Provisions  Applying  to  the  Various  Boards. 

School  Houses  and  Libraries. 

Schools,  and  Attendance  Enforced. 

Enumeration,  Treasurer,  and  Clerk. 

Reports. 

Boards  of  Examiners. 

Teachers'  Institutes. 

Universities. 

Schools   Specially  Endowed. 


Sec.  6819-1.  It  shall  be  unlawful  for  any  person  or  persons 
to  engage  in  or  aid  or  abet  what  is  commonly  called  hazing  in 
or  while  attending  any  of  the  colleges,  public  schools  or  other 
institutions  of  learning  in  this  state,  and  whoever  participates  in 
the  same  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  or  imprisoned  not  less  than  thirty  days  nor  more 
than  one  year  or  both,   at  the  discretion  of  the  court. 


CHAPTER   I. 

CI.ASSIFICATION  AND  CHANGE  OF  DISTRICTS. 


'Section. 

3885.     Classification    of. 

;S886.    City    school    districts   of  the   first   class; 
city  districts  of  the  first,  second,  and 
third   grades   of  first   class. 
City   districts   of   second   class. 
Village    districts. 

Change  of  classification  in  certain  cases. 
Township    districts. 


:3887. 
3888. 


3890. 


Section. 


3891. 
3892. 
3893. 

3894. 

3895. 
3896. 


Special   districts. 

Boundaries  of  sub-districts  not  changed. 

Transfer    of   territory    from    one    district 

to   another. 
Township    districts    may   become   village 

districts. 
How  vote   shall   be  taken. 
How  board   organized.  '      ' 


Classification  of  cities;    see  Sees.  1547,  1548  R.  S. 


Sec.  3885.  [Classification  of.]  The  state  is  hereby  divided  into 
school  districts  to  be  styled  respectively,  city  districts  of  the  first  grade 
of  the  first  class ;  city  districts  of  the  second  grade  of  the  first  class ; 
city  districts  of  the  third  grade  of  the  first  class ;  city  districts  of  the 
first  class ;  city  districts  of  the  second  class ;  village  districts ;  special  dis- 
.       •  14  I 


OHIO    SCHOOL    LAWS.  15 


Classification  and  Change  of  Districts.  Ch.  1 . 

tricts  and  township  districts.     (93  v.  165;  84  v.  184;  Rev.  Stat.  1880; 
70  V.  195,  §  I.) 

Common  school  districts  and  boards  of  education  are  not  corporations  within  the  mean- 
ing of  S  1.  Art.  XIII,  of  the  Constitution.    38  O.   S.,  54. 

This  classification  is  not  unconstitutional.    39  O.   S.,   656. 

Whether  sections  3885-3888  are  to  be  treated  prospectively.    10  C.  «.,  48(M8a 

Special  districts;  sec  46  O.  S.,  275,  under  Sec.  3S91. 

Sec.  3886.  [City  districts  of  the  first  class.]  Each  city  having  a 
population  of  ten  thousand  or  more,  together  with  the  territory  attached 
to  it  for  school  purposes,  if  any,  and  excluding  the  territory  within  its 
corporate  limits  detached  for  school  purposes,  if  any,  shall  constitute 
a  school  district  to  be  styled  a  city  district  of  the  first  class ; 

[City  districts  of  the  first,  second  and  third  grades  of  the  first  class.] 
Cities  of  the  first,  second  and  third  grades  of  the  first  class,  together 
with  the  territory  outside  of  their  respective  limits,  if  any,  attached 
to  them  for  school  purposes,  and  excluding  the  territory  within  their 
corporate  limits,  detached  for  school  purposes,  if  any,  shall  constitute 
respectively  school  districts  to  be  styled  city  districts  of  the  first,  second 
and  third  grades  of  the  first  class ;  and  each  district  that  has  heretofore 
been  constituted  a  city  district  of  the  first  class,  shall  remain  such, 
except  as  herein  otherwise  provided.  (94  v.  125  ;  93  v.  165,  39;  85  v.  91 ; 
84  V.  184;  81  V.  71 ;  Rev.  Stat.  1880;  70  v.  195,  §  2.) 

Sec.  3887.  [City  districts  of  the  second  class.]  Each  city  of  the 
second  class,  having  a  population  of  less  than  ten  thousand  by  the  last 
preceding  census,  including  the  territory  attached  to  it  for  school  pur- 
poses, and  excluding  the  territory  within  its  cotporate  limits  detached 
for  school  purposes,  shall  constitute  a  school  district,  to  be  styled  a 
city  districts  of  the  second  class.     (88  v.  430 ;  70  v.  195,  §  3.) 

Reduction  of  a  city  of  the  second  class  to  a  village  does  not  affect  the  organization  or 
operation  of  the  school   district  in   such  corporation;   see   Sec.  1040  R.  S. 

Sec.  3888.  [Village  districts.]  Each  village,  including  the  terri- 
tory attached  to  it  for  school  purposes,  and  excluding  the  territory 
within  its  corporate  limits  detached  for  school  purposes,  shall  con- 
stitute a  school  district,  to  be  styled  a  village  district.     (74  v.  140,  §  4.) 

Division  of  township   school  funds   when  village  districts  are  created;   see  Sec.  3946a. 

The  board  of  education  of  a  township  established  a  central  or  high  school  and  located  it 
in  a  sub-district.  The  territory  comprised  in  the  sub-district  after  the  establishment  of  the 
central  high  school,  and  before  the  act  of  May  1,  1873,  was  formed  into  an  incorporated  village; 
Held,  that  the  property  of  the  central  or  high  school  and  the  management  of  the  school  did 
not,  by  virtue  of  said  last  mentioned  act,  pass  to  the  board  of  education  of  the  village.  41 
O.  S.,  680.       . 

Sections  8888-3891  cited:  7  C.  C,   1,  3;  4  C.   C,   72,   74. 

Sec.  3889.  [Change  of  classification  of,  in  certain  cases.]  Munic- 
jpal  corporations  hereafter  created,  or  advanced  to  higher  grade,  ex- 
cept villages  created  by  advancement  or  otherwise,  shall,  from  and 


16  OHIO   SCHOOL   LAWS. 


Ch.  1 .  Classification  and  Change  of  Districts. 

after  their  creation  or  advancement,  be  school  districts  corresponding 
to  their  grade  as  herein  provided.     (70  v.  195,  §  5.) 

In  regard  to  establishing  village  districts,   see  Sec.  3912. 

Sec.  3890.  [Township  districts.]  Each  organized  township,  ex- 
clusive of  any  of  its  territory  included  in  a  city,  village,  or  special 
district,  shall  constitute  a  school  district,  to  be  styled  a  township  dis- 
trict.    (70  V.  195,  §  7;   S.  &  C.  1346.) 

A  change  of  township  boundaries  accordingly  works  a  change  in  the  township  district 
boundaries.    Com. 

Sec.  3891.  [Special  districts.]  Any  school  district  now  existing, 
other  than  those  mentioned  in  sections  thirty-eight  hundred  and  eighty- 
six,  thirty-eight  hundred  and  eighty-seven,  thirty-eight  hundred  and 
eighty-eight,  and  thirty-eight  hundred  and  ninety,  which  has  been  estab- 
lished by  a  vote  of  the  people  in  accordance  with  any  act  of  the  general 
assembly,  or  which  has  been  established  by  a  general  or  local  act  of  the 
general  assembly,  shall  constitute  a  school  district,  to  be  styled  a  special 
ditrict ;  and  such  districts  may  be  established  as  provided  in  chapter  five 
of  this  title.     (70  v.  195,  §  6.) 

Division   of  township   school   funds   when   special   districts   are  created;   see   Sec.   39460. 

The  formation  of  a  special  district  from  territory  within  the  limits  of  a  township,  by 
specir.l  act,  is  not  in  conflict  with  Sec,  26,  Art.  II,  of  the  Constitution.  3S  O.  S.,  54,  over- 
ruled by  46  O.   S.,  275. 

S:c.  3892.  [Boundaries  of  subdistricts  not  changed.]  The  several 
subdistricts  and  joint  subdistricts  now  existing  within  any  township 
district  shall  continue,  according  to  their  respective  boundaries,  to  be 
subdistricts  or  joint  subdistricts  thereof,  subject  to  the  provisions  of  this 
title.     (70  V.  195,  §  8.) 

In  regard   to   change   in    sub-districts;    see   Sees.   3921,    3946. 
Provision  for  the  establishment  of  joint  sub-districts;   see  Sees.  8928,   3930. 
Dissolution   or  alteration   of  joint   sub-districts;    see   Sec.   3950. 

A  sub-district  or  joint  sub-district  is  not  a  school  district  within  the  meaning  of  the  law. 
Com.  I 

CHANGE  OF   DISTRICTS. 

Election   of   sub-districts   consolidated   and   new    sub-district   formed;    Sec.   3922. 
Abandonment  of  special   or  village  district;   Sec.   3026,   et  seq. 
Altering  joint   sub-districts;    Sees.   3941,    3950. 

Sec.  3893.  [Transfer  of  territory  from  one  district  to  another.]  A 
part  or  the  whole  of  any  district  may  be  transferred  to  an  adjoining  dis- 
trict, by  the  mutual  consent  of  the  boards  of  education  having  control 
of  such  districts ;  but  no  transfer  shall  take  effect  until  a  statement, 
or  map,  showing  the  boundaries  of  the  territory  transferred,  is  upon 
the  records  of  such  boards ;  nor,  except  when  the  transfer  is  for  the 
purpose  of  forming  a  joint  subdistrict,  until  a  copy  of  such  statement  or 
map,  certified  by  the  clerks  of  the  boards  making  the  transfer,  is  filed 
with  auditor  of  the  county  in  which  the  territory  so  transferred  is  situated ; 


OHIO    SCHOOL    LAWS.  17 


Classification  and  Change  of  Districts.  Ch.  1 . 

^ . J. 

and  any  person  living  in  the  territory  so  transferred  may  appeal  to  the 
county  commissioners,  as  provided  in  section  thirty-nine  hundred  and 
sixty-seven,  and  the  commissioners,  at  their  first  regular  meeting  there- 
after, shall  approve  or  vacate  such  transfer ;  provided,  however,  that  when 
a  village  or  a  portion  of  a  village,  township,  or  special  school  district  has 
been  attached  to  and  become  a  part  of  an  adjoining  city  or  village  by 
annexation,  the  portion  of  such  village,  township,  or  special  school  dis- 
trict thus  annexed  to  such  city  or  village  shall  be  deemed  to  be  there- 
by transferred  from  such  village  school  district,  township,  or  special 
school  district  into  such  city  or  village  school  district,  and  the  amount  of 
the  existing  school  indebtedness  of  such  village  school  district,  town- 
ship school  district,  or  special  school  district,  shall  be  ascertained  and 
apportioned  by  the  county  commissioners  in  the  same  manner  as  pro- 
vided in  section  sixteen  hundred  and  fifteen ;  and  the  county  auditor,  in 
the  proper  apportionment  of  the  school  tax  for  the  respective  school  dis- 
tricts, shall  be  governed  by  an  accurate  map  of  the  territory  so  annexed 
as  aforesaid ;  and  the  boards  of  education  of  the  respective  school  districts 
shall  immediately  after  the  passage  of  this  act,  cause  to  be  entered  upon 
the  records  of  their  respective  boards  a  complete  and  correct  description 
of  the  territory  so  annexed.  (91  v.  307;  90  v.  126;  89  v.  68;  70  v. 
195.  §  40.) 

See  decision  in  46  O.  S.,  275,   under  Sec.  3891. 

When  territory  which  is  a  part  of  a  special  school  district  is  annexed  to  a  village  which 
constituted  another  school  district,  such  territory  did  not  thereby  become  a  part  of  the  vil- 
lage school  district — the  directors  of  the  special  school  district  not  having  consented  to  such 
transfer  under  section  3S93,   or  otherwise.    4   C.   C,  72. 

Section  3893  cited  in  10  C.   C,   480. 

When  territory  is  transferred  from  one  district  to  another,  the  district  to  which  tho 
territory  is  attached  is  not  entitled  to  a  proportionate  share  of  the  school  funds  in  the  hands 
of  the  board  of  education  or  the  county  treasurer  for  the  district  from  which  it  was  detached^ 
but  is  entitled  to  a  share  of  the  taxes  levied  but   not   collected.    Attorney   General. 

The   territory   included   within   a   school   district    must    be   contiguous.     Com. 

Sec.  3894.     [Tovsmship  districts  may  become  village  districts.] 

The  board  of  education  of  any  township  district  may  decide  to  submit,, 
and,  on  petition  of  one-third  of  the  electors  of  the  district,  shall  submit,^ 
at  the  first  regular  election  for  township  officers  after  such  decision  i» 
made  or  petition  received,  the  question  whether  such  township  district 
shall  be  governed  by  the  provisions  of  this  title  relating  to  village  dis- 
tricts; and  the  board  shall  give  notice  of  the  vote  to  be  taken,  by- 
posting  up  written  or  printed  notices,  in  ten  or  more  public  places  in 
the  township,  at  least  twenty  days  prior  to  such  election.     (70  v.  195^ 

§  I55-) 

Sec.  3895.  [How  a  vote  shall  be  taken.]  The  election  shall  be 
conducted  by  the  township  trustees,  who  shall  provide  a  separate  bal- 
lot-box and  separate  poll-books,  and  make  a  return  of  the  vote  to  the 
township  clerk,  and  also  to  the  commissioner  of  common  schools^ 

2    S.  L. 


18  OHIO   SCHOOL   LAWS. 


Ch.  1 .  Classification  and  Change  of  Districts. 

'within  five  days  after  the  election ;  and  the  persons  voting  at  such 
elections  in  favor  of  such  change  shall  have  written  or  printed  on  their 
ballots  —  "School  District,"  and  those  opposed  to  such  change  —  "No 
School  District."     (70  v.  195,  §  156.) 

Sec.  3896.  [How  board  organized.]  At  the  annual  organization 
of  the  township  board  after  such  election,  if  it  be  found  that  a  majority 
of  the  votes  cast  were  in  favor  of  the  change,  the  board  shall  select,  by 
vote  or  lot,  six  persons  to  serve  as  a  township  board  of  education,  two 
of  whom  shall  serve  for  three  years,  two  for  two  years,  and  two  for  one 
year;  and  such  board  shall  thereafter  be  governed  by  the  provisions  of 
this  title  relating  to  boards  of  village  districts.     (70  v.  195,  §  157.) 


OHIO   SCHOOL   LAWS. 


19 


City  Districts  of  the  First  Class. 


Ch.  2. 


CHAPTER  2. 
CITY  DISTRICTS  OP  THE  FIRST  CLASS. 


Section. 

38i>7.  Board     of    education     in     Cincinnati; 

how  constituted;  qualification,   etc. 

38970.  Appointment  and  removal  of  teach- 
ers ill   Cincinnati. 

38976.       Pension    fund. 

88970.  Trustees    of    pension    fund;    constitu- 

tion,  etc. 

8897d.  Retirement  and  pension  of  teachers; 
"teacher"  defined;  amount  of  pen- 
sion. 

3897c.        Use  of  principal  and  income. 

8897/.  Monthly  certificates  of  deduction 
from  salaries;  creation  and  dis- 
bursement  of   special    fund. 

SS97g.       Duties,    etc.,    of  custodian   of  fund. 

8S97A.  Rebate  in  case  of  resignation,  re- 
moval or  death. 

88971.  Rules   and    regulation. 

8898.  Board   of  education   in   city   districts, 

first    class;    election    and    term    of 

members;  exceptions;  redistricting. 

8898a.       School     board     in     East     Liverpool; 

number;   terms. 
88960.(2).  Board   of   education   of   Portsmouth; 
number;    election;    terms;    superin- 
tendent ;  teachers. 

8899.  Repealed. 

8899-1.      Cleveland   board   of  education. 

8899-2.      Election;   meeting;    levying   tax. 

3899-3.      Election;   meeting;   organization. 

3899-4.      Resolutions. 

8899-5.  Appointment  of  teachers  and  em- 
ployes; powers  over  libraries; 
manual  and  domestic  training 
schools. 

8899-6.      School  director;   election  and  powers. 

8899-7.      First   and   subsequent   election;   term. 

8899-S.      Duties,    etc. 

8899-9.      Vacancies. 

8899-10.  Superintendent  of  itistructton ;  term, 
etc. 

8899-11.    Accounts;  director  of  accounts. 

8899-12.  Warrants  for  money;  approval  of 
claims. 

3899-13.  Evidence  of  accuracy  and  legality  of 
same. 

8899-14.    Appropriations. 

8899-15.  Individual  liability  of  auditor  and 
sureties. 

8899-16.  Auditors'  reports;  examination;  bond, 
etc. 

8899-17.    Moneys   due   to   board. 

8899-18.    Office  of  certain  auditor  abolished. 

3899-19.    When    contract    binding. 

3899-20.  When  to  be  in  writing,  etc.;  limi- 
tation. 

8899-21.  Proceedings  when  cost  of  proposed 
improvement  exceeds  $1,600;  ex- 
ceptions. 


Section. 

3899-22.  Impeachment  of  director  or  member 
of  council;   costs. 

3899-23.  Officers  of  certain  members  of  board 
abolished. 

3899-24.    Repeals. 

88990.       Cleveland  pension  fund. 

38996.       How  created. 

3899c.  Teachers  retired  within  twenty-five 
years;  deduct  part  of  pension. 

3899d.  Examination  fees  of  teachers  to  be 
paid   into  fund. 

3899c.        Legacies,    bequests    and    donations. 

3899/.        Membership   of  retiring  board. 

38'Mg.       Affairs  of  board;  compensation. 

3899ft.       Trustees   of  fund;   bond. 

3899i.         Power  of  retiring   board. 

3899fc.       Pension    shall    not    be    paid    for    five 
V      years. 

38991.  Retirement  of  teachers;  amount  of 
pension. 

3899m.  Amount  of  pension  in  case  of  disa- 
bility. 

3899n.  Rebate  to  teacher  on  removal  or  non- 
appointment. 

38990.  When  teacher  must  be  retired; 
amount  of  pension;  one  per  cent, 
deduction;  pension  to  cease  upon 
re-employment. 

8899p.  Pension  to  cease  upon  death  or 
resignation. 

3899-25.  Board  of  education  in  Toledo;  num- 
ber;   election;    meetings. 

3899-26.    Election  of  members. 

3899-27.    Number  of  members;   terms. 

3899-28.     Powers  of  board. 

3899-29.  Organization;  president;  committee; 
superintendent  of  instruction; 
clerk   of  board. 

3899-30.  Powers  of  superintendent;  report; 
attending  meetings. 

3899-31.  Business  manager;  duties;  powers; 
ex-officio  member  of  board;  report 
to   board ;    bond. 

3899-32.    Report   by   business  manager;   duties. 

3899-83.  Suspending  or  removing  .superin- 
tendent, business  manager  or 
clerk. 

3899-34.  City  treasurer  ex-officio  treasurer  of 
board;  bond;  compensation. 

3899-35.     Payments  of  money   due  board;   who 

may  collect  or  receive  moneys. 
3899-36.    How  money  to  be  drawn  from  treas- 
ury. 
3899-37.    How    contracts    involving    more    than 

$250.00  to  be  made. 
3890-88.    Contracts     for     building,     enlarging, 
etc.,   school  house,  or  making  im- 
provements, the  cost  of  which  ex-« 
ceeds  $1,500.00;  exceptions. 


20 


OHIO    SCHOOL    LAWS. 


Ch.  2. 


City  Districts  of  the  First  Class. 


Section. 

3899-39.    Saving   clause. 

3899-10.    Toledo    teachers'    pension    fund    cre- 
ated. 
3899-41.    Membership  of  board  of  trustees;  in^ 
vestment  of  fund;  rules  and  regu- 
lations. 
3899-42.     Retirement  of  teacher;   "teacher"  de- 
fined;  amount  of   pension. 
Power  of  board  over  fund. 
Clerk    of    board    of    education  .to    re- 
port amounts  paid  into   fund. 
City     treasurer     made     treasurer     of 
fund;  bond;   compensation. 


3899^3, 
3899-44. 


3899-45. 


Section. 

3899-46.    Death,    resignation,    or    removal    for 

cause   terminates   interest   in   fund; 

relief   may   be   afforded    in    case   of 

accident  or  sickness. 
Where  certain  electors  to  vote;  plats 

of  attached  territory. 
Conduct   of   elections. 
How  electors  on  attached  territory  to 

cast   ballots. 
Time   of   regular   meetings    of   boards 

of  education;  special  meetings,  etc. 
Columbus;   power  of  school  board  to 

donate   certain   land   for   park   pur- 
poses. 


3900. 


3901 
3902 


3903-1. 


Sinking  fund  for  school  bonds  of  district,   first  class;  see  Sec.  3970-6. 
Physical  culture  to  be  taught  in  certain   schools;   Sec.  4020-17. 

Public  day  schools  for  deaf  children  in  city  districts  of  the  first  and  second  grade  of  the 
first  class;   Sec.   4009-3. 

Sec.  3897.  [Board  of  education  in  Cincinnati;  how  constituted; 
qualification,  etc.]  In  city  districts  of  the  first  grade  of  the  first  class 
the  board  of  education  shall  consist  of  one  member  from  each  ward,  and 
each  member  of  the  board  shall  be  an  elector  of  the  ward,  or  of  the  town- 
ship, or  part  of  the  township,  which  for  school  purposes  has  been  or 
may  be  attached  to  such  ward  for  which  he  is  elected  or  appoionted; 
provided,  that  in  city  districts  of  the  first  grade  of  the  first  class,  be- 
ginning with  the  election  of  city  officers  to  be  held  in  April,  1897,  one 
member  shall  be  elected  from  each  ward,  or  from  territory  attached  to 
each  ward  for  school  purposes,  who  shall  serve  for  the  term  of  three 
(3)  years;  and  provided  further,  that  all  members,  clerks  and  assistant 
clerks  of  such  boards  heretofore  elected,  shall  continue  to  be  members, 
clerks  and  assistant  clerks  thereof  until  their  successors  are  elected  and 
qualified  as  herein  provided ;  and  thereafter  as  the  term  of  members 
elected  by  said  ward,  or  ward  with  territory  attached  for  school  pur- 
poses, as  above  provided,  shall  expire,  successors  shall  be  elected  for  the 
term  of  three  years;  and  provided  further,  that  the  clerks  and  assist- 
ant clerks  of  any  such  boards  shall  be  elected  for  the  term  of  three  (3) 
years.  If  any  person  elected  a  member  of  said  board  shall,  during 
his  term  as  said  member,  move  out  of  the  ward  for  which  he  was  elected, 
then  his  term  shall  cease  and  determine,  and  said  board  shall  elect  a  per- 
son to  fill  the  vacancy ;  the  members  elected  under  this  act  shall  hold 
office  until  their  successors  are  elected  and  qualified ;  provided,  that  the 
board  of  education  established  by  this  act  shall  be  in  all  respects  the 
successors  of  the  respective  board  whose  place  they  take ;  but  the  mem- 
bers of  such  board  of  education  shall  not,  as  individuals  or  as  local 
committees,  exercise  supervisory  authority  over  the  schools  in  the 
several  wards  or  districts  or  have  the  selection  or  nomination  of  teachers  ; 
and  provided  further,  that  when  a  new  or  additional  ward  shall  be  created 
in  such  city  district,  the  board  of  education  shall  proceed  to  elect  a 


OHIO   SCHOOL   LAWS.  '  21 


City  Districts  of  the  First  Glass.  Ch.  2. 

person  who  is  an  elector  of  such  additional  ward,  or  of  territory  thereto 
attached  for  school  purposes,  as  a  member  of  the  board  from  such  ward, 
to  serve  until  the  next  election  for  members  of  the  board  of  education, 
at  which  election  the  qualified  electors  of  such  new  wards,  and  the  terri- 
tory annexed  for  school  purposes,  shall  elect  one  judicious  and  compe- 
tent person,  having  the  qualifications  of  an  elector  of  such  ward  or  terri- 
tory thereto  attached  for  school  purposes,  to  serve  as  a  member  of  the 
board  of  education.  (92  v.  149;  91  v.  289;  84  v.  184;  82  v.  7;  77  v.  80; 
Rev.  Stat.  1880;  70  v.  195,  §§9,  10.) 

Sec.  3897a.  [Appointment  and  removal  of  teachers  in  Cincinnati.] 
The  superintendent  of  the  public  schools  of  said  city  district  of  the  first 
grade  of  the  first  class  shall  appoint  all  the  teachers  of  said  school  by 
and  with  the  consent  of  the  board  of  education,  which  appointments 
shall  be  for  a  period  of  one  year,  when  made  the  second  time  shall  be 
for  a  period  of  two  years,  and  when  made  the  third  time  shall  be  for 
a  period  of  four  years  ;  all  teachers  who  shall  have  served  seven  successive 
years  in  the  public  schools  of  said  city  district,  whether  before  or  after, 
or  partly  before  or  after  the  passage  of  this  act,  shall  when  appointed 
by  the  said  superintendent,  and  confirmed  by  said  board,  hold  their 
positions  until  removed  by  death,  resignation  or  for  cause,  subject,  how- 
ever, to  the  provisions  and  requirements  of  sections  4074  and  4081  of  the 
Revised  Statutes  and  all  other  sections  and  provisions  of  the  Revised 
Statutes  relating  to  boards  of  examiners  and  their  powers  and  duties ; 
provided,  however,  that  any  teacher  of  said  schools  may  at  any  time  be 
removed  by  said  superintendent,  subject  to  the  approval  of  a  mapority  of 
said  board  of  education,  for  cause,  upon  written  charges,  which  charges, 
when  filed,  shall  be  investigated  by  said  board  of  education,  or  by  a 
committee  of  said  board  appointed  for  such  purpose,  and  the  de- 
cision of  said  board  of  education  shall  be  final.  Whenever  in  said 
city  districts  of  the  first  grade  of  the  first  class  the  high  schools 
of  said  city  district  shall  or  at  any  time  hereafter  may  be,  under 
the  control  or  management  of  a  union  board  of  high  schools,  or 
of  any  other  separate  board,  the  superintendent  of  public  schools 
of  said  city  district  shall  appoint  all  the  teachers  of  said  high  schools, 
by  and  with  the  consent  of  the  majority  of  the  members  of  said 
union  board  of  high  schools,  or  any  other  separate  board  of  said 
district,  which  appointments  shall  be  for  a  period  not  exceeding 
one  year;  provided,  however,  that  all  teachers  of  said  high  schools 
who  shall  have  served  five  successive  years  in  the  public  schools 
of  said  city  district  or  in  the  high  schools  of  said  city  district,  whether 
before  or  after,  or  partly  before  or  after  the  passage  of  this  act,  or 
both,  when  appointed  by  said  superintendent  and  confirmed  by  said 
imion  board  or  other  separate  board  having  the  control  of  said  hiqfh 
schools,  shall  hold  their  positions  until  removed  by  death,  resignation 


22  OHIO    SCHOOL    LAWS. 


Ch.  2.  City  Districts  of  the  First  Class. 

or  for  cause,  subject,  however,  to  the  provisions  and  requirements  of 
sections  4074  and  4081  of  the  Revised  Statutes  and  all  other  sections  and 
provisions  of  the  Revised  Statutes  relating  to  boards  of  examiners  and 
their  powers  and  duties;  provided,  however,  that  any  teacher  of  said 
high  schools  may  at  any  time  be  removed  by  said  superintendent,  subject 
to  the  approval  of  the  majority  of  said  union  board  of  high  schools, 
or  other  separate  board,  or  by  said  union  board  or  other  separate  board, 
for  cause  upon  written  charges,  which  charges,  when  filed,  shall  be  in- 
vestigated by  said  union  board  of  high  schools,  or  other  separate  board 
of  said  city  district,  or  by  a  committee  of  said  board  appointed  for 
such  purpose,  and  a  decision  of  such  union  board,  or  other  separate 
board  having  control  of  said  high  schools,  shall  be  final ;  provided,  fur- 
ther, that  whenever  the  power  to  appoint  teachers  in  the  public  schools 
of  such  city  district  of  the  first  grade  of  the  first  class  is  not  given  by  the 
law  of  the  state  to  the  superintendent  of  the  public  schools  or  not 
given  to  him  by  the  board  of  education  of  such  city  district  in 
pursuance  of  the  law,  then  said  union  board  of  high  schools,  or 
other  separate  board,  shall  appoint  such  teachers  in  the  high  schools 
to  serve  as  above  provided,  with  power  of  removal  as  above  pro- 
vided, with  power  of  removal  as  above  provided.  The  provisions  of  this 
vided.  The  provisions  of  this  section  relating  to  the  appointment 
and  terms  of  teachers  shall  not  apply  to  the  appointment  or  term 
of  any  superintendent  or  superintendents  of  schools  of  such  city  dis- 
tricts.    (94  v.  305 ;   92  V.  149.) 

Sec.  3897^.  [Pension  fund.]  In  order  to  create  a  fund  to  be 
known  as  the  "school  teachers'  pension  fund,"  two  dollars  a  month  for 
each  and  every  school  month  shall  be  deducted  by  the  proper  officers 
from  the  salaries  paid  to  all  teachers  of  said  city  district  of  the  first 
grade  of  the  first  class,  including  the  teachers  of  the  high  schools  of 
said  city  district,  and  paid  into  the  city  treasury  to  the  credit  of  said 
fund,  to  be  used  exclusively  for  pensions  for  teachers  as  hereinafter 
provided.  All  moneys  received  from  donations,  legacies,  gifts,  be- 
quests or  from  any  other  source  shall  also  be  paid  into  said  fund  or 
into  a  permanent  fund,  only  the  interest  of  which*  may  be  applied 
to  the  payment  of  pensions,  but  no  taxes  shall  be  levied  or  any  other 
public  moneys  be  appropriated  for  said  fund,  except  as  herein  pro- 
vided.    (94  y.  305;   92  V.  152.) 

Sec.  38g7r.  [Trustees  of  pension  fund;  constitution,  etc.]  Sa'd 
school  teachers'  pension  fund  shall  be  under  the  charge,  management 
and  control  of  a  board  to  be  known  as  the  board  of  trustees  of  the  school 
teachers'  pension  fund,  composed  of  seven  members,  two  to  be  elected 
by  the  board  of  education  of  said  city  district,  one  to  be  elected  by 
the  union  board  of  high  schools,  or  other  separate  board  having  charge 
of  the  high  schools  in  said  city  district,  three  to  be  elected  by  the  teachers 


OHIO    SCHOOL   LAWS.  23 


City  Districts  of  the  First  Class.  Ch,  2 . 

of  the  public  schools,  including  the  teachers  of  the  high  schools  of  said 
city  district,  and  the  superintendent  of  schools  of  said  city  district,  who 
ex  ofUcio  shall  be  a  member  of  said  board.  The  board  of  education  of  said 
city  district  shall,  at  its  first  regular  meeting  after  this  act  goes  into 
effect,  elect  two  of  its  members,  one  for  one  year,  and  one  for  two  years 
and  thereafter  annually  elect  one  of  its  members  for  two  years,  who  shall 
serve  as  members  of  said  board ;  the  union  board  of  high  schools,  or  other 
separate  board  having  charge  of  the  high  schools  in  said  city  district, 
shall,  at  its  first  regular  meeting  after  this  act  goes  into  effect,  and 
thereafter  annually  elect  one  of  its  members,  who  shall  serve  as 
a  member  of  said  board ;  the  teachers  of  the  public  schools,  includ- 
ing the  teachers  of  the  high  schools,  of  said  city  district,  shall  within 
thirty  days  after  this  act  goes  into  effect,  at  a  meeting  to  be  called 
by  the  superintendent  of  schools  of  said  city  district,  elect  three 
of  their  number,  one  for  one  year,  one"  for  two  years,  and  one  for 
three  years,  and  thereafter  annually  at  a  meeting  to  be  called  in 
the  same  manner,  elect  one  of  their  number  for  three  years,  who 
shall  serve  as  members  of  said  board.  The  members  of  said  board 
shall  serve  as  such  without  compensation  and  shall  serve  until  their 
successors  are  elected  and  qualified.  Said  board  of  trustees  shall 
have  power  to  invest  said  pension  fund  in  the  name  of  said  board 
in  bonds  of  the  United  States,  or  of  the  state  of  Ohio,  or  of  any 
county  in  this  state  or  of  any  municipal  corporation  in  this  state, 
or  of  any  school  district  of  this  state,  and  said  board  shall  have 
power  to  make  payment  from  said  pension  fund  of  pensions  granted  in 
pursuance  of  this  act.  Said  board  of  trustees  shall  also  have  power  from 
time  to  time  to  make  and  establish  such  rules  and  regulations  for  the 
administration  of  said  pension  fund  as  they  shall  deem  best.  (92 
V.   152.) 

Sec.  sSgyc?.  [Retirement  and  pension  of  teachers;  "teacher"  de- 
fined ;  amount  of  pension.]  Said  board  of  education  of  said  city  district 
and  said  union  board  or  other  separate  board  having  the  control  and 
management  of  the  high  schools  of  said  city  district  shall  each  of  them 
have  power  by  a  majority  vote  of  all  the  members  composing  said  board 
to  retire  on  account  of  physical  or  mental  disability  any  male  or  female 
teacher  under  such  board  who  shall  have  taught  for  a  period  aggregating 
twenty  (20)  years,  whether  before  or  after,  or  partly  before  or  after  the 
passage  of  this  act ;  provided,  however,  that  three-fifths  of  said  period  of 
service  shall  have  been  rendered  by  said  beneficiary  in  the  public  schools 
or  the  high  schools  of  said  city  district  or  in  the  public  schools 
or  high  schools  of  the  county  in  which  said  city  district  is  located.  The 
term  "teacher"  under  this  act  shall  indlude  the  superintendent  fcrf 
schools,  all  superintendents  of  instruction,  principals,  special  teachers, 
and  teachers  employed  by  either  of  said  boards.    Any  teacher  shall  have 


24  OHIO    SCHOOL    LAWS. 


Ch.  2.  .  City  Districts  of  the  First  Class. 

the  right  to  retire  and  become  a  beneficiary  under  this  act  who  shall  have 
taught  for  a  period  aggregating  thirty  (30)  years,  whether  before  or 
after,  or  partly  before  or  after  the  passage  of  this  act ;  provided  that  "three- 
fifths  of  said  term  of  service  shall  have  been  rendered  in  the  public 
schools  or  the  high  schools  of  said  city  district,  or  in  the  public  schools 
or  high  schools  of  the  county  in  which  said  city  district  is  located.  Each 
teacher  so  retired  or  retiring  shall  be  entitled  during  the  remainder  of 
his  or  her  natural  life  to  receive  as  pension,  annually,  the  sum  of  ten 
($10)  dollars,  for  each  and  every  year  of  service  rendered  as  teacher,  but 
in  no  event  shall  such  pension  paid  to  any  teacher  exceed  the  sum 
of  five  hundred  ($500)  dollars  in  any  one  year,  and  said  pension  shall  be 
paid  monthly  during  the  school  year ;  but  in  no  event  shall  such  pen- 
sion be  paid  to  any  teacher  until  such  teacher  shall  contribute  or 
shall  have  contributed  to  said  fund  a  sum  equal  to  twenty  ($20)  dollars 
a  year  for  each  and  every  year  of  service  rendered  as  teacher,  but  in  no 
event  shall  this  sum  exceed  six  hundred  ($600)  dollars ;  but  should  any 
teacher  retiring  be  unable  to  pay  the  full  amount  of  this  sum  before 
receiving  a  pension,  the  board  of  trustees  shall,  in  paying  the  annual 
pension  to  such  retiring  teacher,  withhold  on  each  month's  payment 
twenty  per  cent,  thereof,  until  the  full  amount  as  above  provided  shall  have 
been  thus  contributed  to  the  fund ;  provided,  further,  that  if  said  pension 
fund  shall  at  any  time  be  insufficient  to  meet  the  pensions  so  provided 
for  that  during  the  period  that  such  fund  is  insufficient  to  make  such 
payments,  the  amount  in  said  fund  during  said  period  shall  be  pro-rated 
between  the  parties  entitled  thereto.  No  payments  shall  be  made  to  any 
beneficiary,  nor  shall  any  teacher  retired  or  retiring  be  entitled  to  any 
payment  under  the  provisions  of  this  act  prior  to  July  ist,  1899.  (94 
V.  305;   92  v.  153.) 

Sec.  zSgje.  [Use  of  principal  and  income.]  Said  board  of  trustees 
shall  have  the  power  to  use  both  the  principal  and  income  of  said  fund 
for  the  payment  of  the  pensions  herein  provided  for.     (92  v.  154.) 

Sec.  3897/^.  [Monthly  certifications  of  deductions  from  salaries; 
creation  and  disbursement  of  special  fund.]  The  clerk  of  the  board  of 
education  of  said  city  district  and  the  clerk  of  the  union  board  of  high 
schools  or  other  separate  board  having  the  control  and  management  of  the 
high  schools  of  said  city  district,  shall  each  of  them  certify  monthly 
to  said  board  of  trustees  all  amounts  deducted  from  the  salaries  of  the 
teachers  as  aforesaid,  which  amounts  as  well  as  all  other  money  contri- 
buted to  said  fund  shall  be  set  apart  as  a  special  fund  for  the  purposes 
herein  specified,  subject  to  the  order  of  said  board  of  trustees.  All 
moneys  belonging  to  said  fund  shall  be  paid  only  on  the  order  of  the  said 
board  of  trustees  entered  upon  its  minutes  on  warrants  signed  by  the 
president  and  secretary  of  said  board.     (92  v.  154.) 


OHIO   SCHOOL   LAWS.  26 


City  Districts  of  the  First  Class.  Ch.  2. 

Sec.  3897^.  [Duties,  etc.,  of  custodian  of  fund.]  The  city  treas- 
urer of  said  city  of  the  first  grade  of  the  first  class  located  wholly  or 
partly  in  said  city  district  shall  be  the  custodian  of  said  pension  fund 
and  shall  keep  the  same  subject  to  the  order,  control  and  direction  of 
said  board  of  trustees.  He  shall  keep  books  of  accounts  concerning 
said  fund  in  such  manner  as  may  be  prescribed  by  said  board,  which 
books  of  accounts  shall  always  be  subject  to  the  inspection  of  said 
board  of  trustees  or  of  any  member  thereof.  Said  treasurer  shall  exe- 
cute a  bond  to  said  board  of  trustees  with  good  and  sufficient  sureties 
in  such  sum  as  said  board  of  trustees  shall  require,  which  bond  shall 
be  subject  to  the  approval  of  said  board  and  be  conditioned  for  the 
faithful  performance  of  his  duties  as  custodian  of  said  board  and 
treasurer  of  said  board.  He  shall  always  keep  and  truly  account 
for  all  moneys  and  profits  coming  into  his  hands  as  such  treasurer 
belonging  to  such  fund,  and  at  the  expiration  of  his  term  of  office, 
shall  pay  over,  surrender  and  deliver  to  his  successor  all  securities, 
moneys  and  other  property  of  whatsoever  kind,  nature  and  description 
which  may  be  in  his  hands  or  under  his  control  as  treasin-er  aforesaid. 
Said  treasurer  shall  be  paid  for  his  services  under  this  act  a  compensation 
not  to  exceed  one  per  cent  annually  of  the  amount  paid  into  said  fund 
during  the  year.     (92  v.  154.) 

Sec.  3897A.  [Rebate  in  case  of  resignation,  removal  or  death.] 
Any  teacher  who  shall  resign  or  be  removed  for  cause  as  aforesaid,  shall 
upon  application  within  three  (3)  months  after  date  of  such  resignation 
or  removal  be  entitled  to  receive  one-half  of  the  total  amount  paid  by 
such  teacher  into  such  fund.  In  case  of  the  death  of  any  teacher,  the 
heirs,  legatees  or  assigns  of  the  deceased  teacher  shall  be  entitled  to  re- 
ceive one-half  of  the  total  amount  paid  by  such  teacher  into  such  fund, 
upon  application  therefor  with  proof  of  claim  to  the  satisfaction  of  the 
board  of  trustees.     (94  v.  305  ;  92  v.  154.) 

Sec.  38971.  [Rules  and  regulations.]  The  board  of  trustees  shall 
make  such  rules  and  regfulations  as  it  may  deem  expedient  or  neces- 
sary for  its  government.     (94  v.  305.) 

Sec.  3898.  [Board  of  education  in  city  districts,  first  class;  elec- 
tion and  term  of  members ;  exceptions;  redistricting ;  Massillon.]  In 
each  city  district  of  the  first  class,  and  not  of  the  first  or  second  grade, 
the  board  of  education  shall  consist  of  two  members  from  each  ward, 
•except  in  city  districts  organized  under  a  law  providing  for  one  mem- 
ber only  for  each  ward,  in  which  districts  the  board  may,  at  any  time, 
by  a  vote  of  the  majority  of  all  its  members,  provide  that  thereafter 
each  ward  shall  be  represented  by  two  members,  and  thereupon  proceed 
to  choose  one  additional  member  for  each  ward,  to  serve  until  the  next 
annual  election  for  city  officers,  and  until  the  election  and  qualification 


26  OHIO   SCHOOL   LAWS. 


Ch.  2.  City  Districts  of  the  First  Class. 

of  his  successor;  and  each  member  of  the  board  shall  be  an  elector  of 
the  ward  for  which  he  is  elected  or  appointed;  and  at  every  annual 
election  for  city  officers  in  a  city  which  constitutes  districts  of  the  first 
class,  wherein  the  board  consists  of  two  members  for  each  ward,  there 
shall  be  elected  in  each  ward,  by  the,  qualified  electors  thereof,  one  ju- 
dicious and  competent  person  to  serve  as  a  member  of  the  board  of 
education  of  the  district  for  two  years,  from  the  third  Monday  of  April 
succeeding  his  election,  and  until  the  election  and  qualification  of  his 
successor;  provided,  that  at  the  annual  election  for  city  officers,  held 
after  a  city  has  been  constituted  a  city  district  of  the  first  class,  with  a 
board  to  consist  of  two  members  from  each  ward,  there  shall  be  elected 
in  each  ward  of  such  city,  by  the  qualified  electors  of  such  ward  and 
of  said  district  entitled  to  vote  in  such  ward,  two  persons  of  the  re- 
quired qualifications  to  serve  as  members  of  the  board  of  education  of 
such  districts,  one  for  one  year  and  the  other  for  two  years  from  the 
third  Monday  of  April  succeeding  their  election  and  until  the  election 
and  qualification  of  their  successors.;  and  provided,  that  any  elector 
residing  in  such  district,  but  not  in  any  ward  of  such  city,  shall,  if  the 
territory  containing  his  residence  has  not  been  attached  to  any  ward  for 
school  purposes  as  provided  in  section  thirty-nine  hundred,  be  entitled 
to  vote  for  member  of  the  school  board  in  the  ward  nearest  his  resi- 
dence; and  in  such  case  a  separate  ballot-box  and  poll-book  shall  be 
provided  and  used,  as  required  in  section  thirty-nine  hundred  and  two, 
in  each  ward  where  any  such  elector  may  be  entitled  to  vote  when  the 
board  of  education  in  such  city  district  of  the  first  class  consists  of  as 
many  members  as  there  are  wards,  there  shall  be  elected  at  the  annual 
election  for  city  officers  in  the  year  eighteen  hundred  and  eighty,  and 
every  two  years  thereafter,  in  each  ward  designated  by  an  even  num- 
ber, and  in  the  year  eighteen  hundred  and  eighty-one,  and  every  two 
years  thereafter  in  each  ward  designated  by  an  odd  number  by  the  qual- 
ified electors  thereof,  one  member  of  the  board,  who  shall  hold  his  of- 
fice for  two  years,  and  until  the  election  and  qualification  of  his  suc- 
cessor. Provided,  that  in  any  such  city  which  has  been,  or  may  be  re- 
districted  for  election  purposes,  by  whomsoever  or  howsoever  such  re- 
districting  may  be  made,  such  redistricting  shall  not  affect  the  term  of 
the  members  of  the  board  of  education  then  in  office,  but  each  of  said 
members  shall  serve  the  full  term  for  which  he  was  elected,  and  shall 
be  the  member,  in  said  board,  for  the  remainder  of  the  term  for  which 
he  was  elected,  of  the  ward  in  which  he  resides,  after  such  redistricting 
is  made,  if  such  ward  shall  be  a  part  or  the  whole  of  the  ward  in  which 
he  was  elected;  at  the  annual  election  for  city  officers  occurring  next 
after  such  redistricting  has  been,  or  may  be,  had,  a  member  shall  be 
elected  for  each  ward  created  by  such  redistricting  in  which  a  member 


OHIO   SCHOOL   LAWS.  27 


City  Districts  of  the  First  Class.  Ch.  2. 

does  not  hold  over  as  above  provided.  The  members  chosen  at  such 
election  from  wards  entitled  to  elect  members  for  a  term  of  two  years 
shall  serve  for  such  period  and  until  their  successors,  who  shall  also  be 
elected  for  a  similar  term,  are  elected  and  qualified.  The  members  chosen 
at  such  election  from  wards  not  entitled  at  such  election  to  choose 
members  for  a  term  of  two  years,  shall  serve  for  one  year,  at  the  expi- 
ration of  which  term  a  successor  shall  be  elected  for  each  of  said  mem- 
bers to  serve  for  a  period  of  two  years,  and  until  his  successor,  who 
shall  be  elected  for  a  term  of  two  years,  is  elected  and  qualified.  Any 
ward  which,  but  for  the  holding  over  of  a  member,  as  above  provided, 
would  elect  a  member  at  the  annual  election  for  city  officers  occurring 
next  after  the  redistricting  of  any  such  city,  for  a  term  of  two  years, 
shall,  at  the  expiratipn.  of  the  term  of  such  holding  over  member,  elect 
a  member  for  the  term  of  one  year,  but  the  successor  of  any  member 
so  elected  for  one  year,  shall  each  be  chosen  for  a  term  of  two  years 
and  until  his  successor  is  elected  and  qualified.  In  city  districts  of  the 
first  class  and  not  of  the  first  or  second  grade,  the  boundaries  of  which 
are  not  identical  or  coterminous  with  the  boundaries  of  the  city,  the  pop- 
ulation of  which  at  the  federal  census  of  1890  did  not  exceed  10,100,  the 
board  of  education  shall  consist ^of  six  members  elected  at  large  by  the 
qualified  electors  of  the  district.  Provided,  that  at  the  next  annual  elec- 
tion, succeeding  the  passage  of  this  act,  two  members  shall  be  elected 
to  serve  two  years  and  until  the  election  and  qualification  of  their  suc- 
cessors, and  at  the  second  annual  election  succeeding  the  passage  of 
this  act  two  members  shall  be  elected  to  serve  two  years  and  two  mem- 
bers to  serve  three  years  and  until  the  election  and  qualification  of  their 
successors.  At  all  subsequent  annual  elections  two  members  shall  be 
elected  to  serve  three  years  and  until  the  election  and  qualification  of 
their  successors.  (92  v.  424;  91  v.  69;  84  v.  184,  185;  81  v.  71,  72; 
Rev.  Stat.  1880;  70  v.  195,  §11.) 

For  "an  act  to  provide  for  the  election  of  two  members  of  the  board  of  education  from 
each  ward  in  Ironton."    S5  v.  103. 

Sec.  3898a.  [Board  of  education  in  East  Liverpool;  number; 
terms.]  In  the  East  Liverpool  city  school  district  in  Columbiana 
county,  Ohio,  the  board  of  education  shall  consist  of  seven  members 
elected  at  large  by  the  qualified  electors  of  the  district.  That  at  the 
next  annual  election,  succeeding  the  passage  of  this  act,  four  members 
shall  be  elected  to  serve  two  years  and  until  the  election  and  qualifi- 
cation of  their  successors,  and  three  members  to  serve  one  year  and 
until  the  election  and  qualification  of  their  successors,  at  the  second 
annual  election,  after  the  passage  of  this  act.  Three  members  shall 
be  elected  to  serve  two  years  and  at  the  next,  four  members  shall 
be  elected  to  serve  two  years  and  until  the  election  and  qualification 


28  OHIO    SCHOOL   LAWS. 


Ch,  2  City  Districts  of  the  First  Class. 

of  their  suGcessors.  Thus  the  number  to  be  elected  annually  there- 
after shall  alternate  three  and  four  as  the  annual  elections  recur. 
^3  V.  506.) 

jfM  Sec.  sSgSa  (2).  [Board  of  education  for  Portsmouth;  number; 
election;  terms;  superintendent;  teachers.]  In  city  school  districts  of 
the  first  class  in  cities  of  the  second  class,  third  grade  c,  the  board  of 
education  shall  consist  of  three  members  from  the  city  at  large,  and  one 
member  from  each  of  the  wards  in  such  city.  The  members  at  large 
shall  be  elected  for  terms  of  three  years  each  by  the  qualified  electors 
of  such  city;  and  the  members  from  the  wards  shall  be  elected  for  terms 
of  two  years  each  by  the  qualified  electors  therein,  at  the  annual  munic- 
ipal election;  provided,  however,  that,  at  the  first  election  held  under 
the  provisions  of  this  act,  the  three  members  at  large  shall  be  elected 
for  terms  of  one,  two  and  three  years,  respectively,  and  thereafter  at 
the  expiration  of  such  terms  all  such  elections  of  a  member  at  large 
shall  be  for  a  period  of  three  years;  and  the  members  of  said  board  rep- 
resenting the  even  numbered  wards  of  such  city  shall  be  elected  each 
for  a  term  of  two  years,  and  those  representing  the  odd  numbered  wards 
thereof  shall  be  elected  each  for  a  term  of  one  year,  and  thereafter,  at 
the  exipration  of  said  terms,  all  such  dections  of  ward  members  shall 
be  for  the  period  of  two  years  ;  and  upon  the  election  and  qualification 
of  the  board  of  education  in  such  districts  as  herein  provided,  the  board 
of  education  existing  therein  shall  be,  and  the  same  is  hereby  abolished. 
It  shall  be  the  duty  of  the  members  at  large  to  elect  and  employ  a  su- 
perintendent of  instruction,  and  such  superintendent  shall,  by  and  with 
the  consent  of  the  members  at  large  of  such  board,  appoint  all  the  teachers 
in  the  public  schools  of  such  city,  and  no  person  shall  be  appointed  as  a 
teacher  in  such  schools,  who  is  a  relative  of  any  of  the  three  members 
at  large.     (93  v.  622.) 

Part  of  new  charter  for  Portsmouth  to  be  submitted  to  electors. 

CLEVELAND. 

Sec.  3899.  [Cleveland  board  of  education;  city  divided  into  dis- 
tricts; election  and  term  of  members.]     Repealed  89  v.  79. 

(3899-1)  Sec.  I.  [Cleveland  board  of  education.]  Boards  of  ed- 
ucation in  city  districts  of  the  second  grade  of  the  first  class  shall  con- 
sist of  a  school  council  and  a  school  director.     (89  v.  74.) 

LEGISLATIVE. 

(3899-2)  Sec.  2.  [Election;  meetings;  levying  tax.]  The  leg- 
islative power  and  authority  shall  be  vested  in  the  school  council, 
which  shall  consist  of  seven  members,  each  of  whom  shall  receive 
an  annual  salary  of  two  hundred  and  sixty  ($260)   dollars,  payable 


OHIO    SCHOOL    LAWS.  29^ 


City  Districts  of  the  First  Class.  Ch.  2. 

monthly  out  of  the  contingent  school  funds  of  the  district,  to  be 
elected  by  the  qualified  electors  residing  in  such  district,  and  which 
shall  meet  on  each  and  every  Monday  night  during  the  school  year 
and  on  every  first  and  third  Monday  of  the  month  during  vacation. 
No  resolution  levying  a  tax  shall  be  adopted  unless  the  resolution, 
together  with  the  estimates  on  which  the  same  is  based,  has  been 
•  submitted  to  and  approved  by  the  board  of  tax  commissioners  in  the 
city  located  in  full  or  in  part  in  such  districts.     (91  v.  839;   89  v.  74.) 

(3899-3)  Sec.  3.  [Election;  meetings;  organization.]  The  first 
election  for  such  council  shall  be  held  on  the  first  Monday  of  April,. 
1892,  at  which  election  three  members  of  the  council  shall  be  elected 
for  a  term  of  two  years,  and  their  successors  shall  be  elected  at  the 
annual  municipal  elec^on  for  1894,  and  biennially  thereafter,  and  four 
members  of  the  council  shall  at  such  election  in  1892  be  elected  for  a 
term  of  three  years  and  their  successors  shall  be  elected  at  the  annual 
municipal  election  of  1895,  for  a  term  of  two  years  and  biennially  there- 
after, and  all  members  of  the  council  shall  serve  until  their  successors, 
are  elected  and  qualified.  The  council  shall  organize  annually  on  the 
third  Monday  in  April,  by  choosing  one  of  their  members  president. 
On  the  third  Monday  in  April,  1896,  and  biennially  thereafter,  the 
school  council  shall  elect  a  clerk  who  shall  not  be  a  member  of  said 
council,  and  who  shall  be  clerk  of  the  board  of  education.  He  shall 
receive  a  salary  to  be  fixed  by  the  council,  which  shall  not  exceed 
two  thousand  dollars  per  year.     (92  v.  490;  89  v.  74.) 

(3899-4)  Sec.  4.  [Resolutions.]  Every  legislative  act  of  the  coun- 
cil shall  be  by  resolution.  Every  resolution  involving  an  expenditure  of 
money  or  the  approval  of  a  contract  for  the  payment  of  money,  or  for 
the  purchase,  sale,  lease  or  transfer  of  property,  or  levying  any  tax,  or 
for  the  change  or  adoption  of  any  text  book,  shall,  before  it  takes  ef- 
fect, be  presented,  duly  certified  by  the  clerk,  to  the  school  director  for 
approval.  The  director,  if  he  approves  such  resolution,  shall  sign  it; 
but  if  he  does  not  approve  it  he  shall  return  the  same  to  the  council  at 
its  next  meeting,  with  his  objections,  which  objections  the  council  shall 
cause  to  be  entered  upon  its  journal,  and  if  he  does  not  return  the  same 
within  the  time  above  limited,  it  shall  take  effect  in  the  same  manner 
as  if  he  had  signed  it;  provided,  that  the  direftor  may  approve  or 
disapprove  the  whole,  or  any  item  or  part  of  any  resolution  appropri- 
ating money;  and  further  provided,  that  any  item  disapproved  shall 
have  no  bearing  or  connection  with  any  other  part  of  such  resolution. 
When  the  director  refuses  to  sign  any  such  resolution  or  part  thereof, 
and  returns  it  to  the  council  with  his  objections,  the  council  shall  forth- 
with proceed  to  reconsider  it;  and,  if  the  same  is  approved  by  a  vote 
of  two  thirds  of  all  the  members  elected  to  the  council,  it  shall  then 
take  effect  as  if  it  had  received  the  signature  of  the  director;    and  in 


30  OHIO    SCHOOL    LAWS. 


Ch.  2.  .      City  Districts  of  the  First  Class. 

all  such  cases  the  votes  shall  be  taken  by  yeas  and  nays  and  entered 
on  the  records  of  the  council.     (89  v.  249,  75.) 

(3899-5)  Sec.  5.  [Appointment  of  teachers  and  employes ;  powers 
over  libraries;  manual  and  domestic  training  schools.]  The  council 
shall  have  power  to  provide  for  the  appointment  of  all  necessary  teachers 
and  employees  and  prescribe  their  duties  and  fix  their  compensation.  It 
shall  also  have  the  same  powers  and  perform  the  same  duties  in  rela- 
tion to  the  library  board  and  manual  and  domestic  training  schools  as 
are  now  vested  in  and  exercised  by  the  boards  of  education  of  city  districts 
of  the  second  grade  of  the  first  class.     (89  v.  75.) 

EXECUTIVE. 

(3899-6)  Sec.  6.     [School  director;    election  and  powers.]     The 

school  director  shall  be  elected  by  the  qualified  electors  of  the  district, 
and,  except  as  -otherwise  provided  in  this  act,  all  the  powers  hereto- 
fore vested  in  and  performed  by  the  board  of  education  in  such  dis- 
tricts, shall  be  vested  in  and  performed  by  him.     (89  v.  75.) 

(3899-7)  Sec.  7.  [First  and  subsequent  elections;  term.]  The 
first  election  for  such  director  shall  be  held  on  the  first  Monday  of 
April,  1892,  and  the  director  so  elected  shall  serve  until  his  successor 
is  elected  and  qualified ;  and  such  successor  shall  be  elected  at  the 
time  of  the  annual  municipal  election  for  1894,  and  biennially  there- 
after.    (89  V.  75.) 

(3899-8)  Sec.  8.  [Duties,  etc.]  The -director  shall  devote  his  en- 
tire time  to  the  duties  of  his  office,  and  shall  receive  an  annual  salary 
of  five  thousand  ($5,000)  dollars,  payable  monthly  out  of  the  school 
funds  of  the  district ;  and  before  entering  upon  the  discharge  of  the 
•duties  of  his  office  shall  give  bond  for  the  faithful  performance  thereof 
in  the  sum  of  twenty-five  thousand  ($25,000)  dollars,  with  not  less 
than  two  sureties  to  be  approved  by  the  board,  which  bond  shall  be 
deposited  with  the  clerk  within  ten  days  from  date  of  election,  and  pre- 
served by  him.      (89  v.  76.*) 

(3899-9)  Sec.  9.  [Vacancies.]  In  case  of  any  vacancy  in  the  of- 
fice of  school  director  or  member  of  the  council,  the  council  may,  by  the 
vote  of  the  majority  of  all  the  members  elected,  fill  such  vacancy  until 
the  next  annual  municipal  election  occurring  more  than  thirty  days  after 
such  vacancy  occurs,  when  the  same  shall  be  filled  by  election  for  un- 
expired term.     (89  v.  76.) 

(3899-10)  Sec.  10,  [Superintendent  of  instruction;  term,  etc.] 
The  school  director  shall,  subject  to  the  approval  of  and  confirmation  by 
the  council,  appoint  a  superintendent  of  instruction,  who  shall  remain 
in  office  during  good  behavior,  and  the  school  director  may  at  any  time, 
for  sufficient  cause,  remove  him ;   but  the  order  for  such  removal  shall 


OHIO    SCHOOL    LAWS.  31 


City  Districts  of  the  First  Class.  Ch.  2. 

be  in  writing,  specifying  the  cause  therefor,  and  shall  be  entered  upon 
the  records  of  his  office;  and  he  shall  forthwith  report  the  same  to 
the  council,  together  with  the  reasons  therefor.  The  superintendent  of 
instruction  shall  have  the  sole  power  to  appoint  and  discharge  all  as- 
sistants and  teachers  authorized  by  the  council  to  be  employed,  and  shall 
report  to  the  school  director  in  writing  annually,  and  oftener  if  required, 
as  to  all  mattei^s  under  his  supervision,  and  may  be  required  by  the 
council  to  attend  any  or  all  of  its  meetings;  and  except  as  otherwise 
provided  in  this  act,  all  employees  of  the  board  of  education  shall  be 
appointed  or  employed  by  the  school  director.  He  shall  report  to  the 
council  annually,  or  oftener  if  required,  as  to  all  matters  under  his 
supervision.  He  shall  attend  all  meetings  of  the  council  and  may  take 
part  in  its  delibe'rations,  subject  to  its  rules,  but  shall  not  have  the  right 
to  vote.     (89  V.  76.) 

ACCOUNTS. 

(3899-11)  Sec.  II.  [Director  of  accounts.]  The  city  auditor  of 
the  city  located  in  whole  or  in  part  in  such  district,  shall  be  the  auditor 
of  the  board  of  education  of  such  district.  He*  shall  keep  an  accurate 
account  of  all  taxes  levied  for  school  purposes,  and  of  all  moneys  due 
to,  received  and  disbursed  by  the  board ;  also  of  all  assets  and  liabili- 
ties of,  and  all  appropriations  made  by  the  school  council,  and  shall  re- 
ceive and  preserve  all  vouchers  for  payments  and  disbursements  made 
to  or  by  the  board.     (89  v.  76.) 

(3899-12)  Sec.  12.  [Warrants  for  money;  approval  of  claims.] 
fie  shall  issue  all  warrants  for  the  payment  of  money  from  the  school 
funds,  but  no  warrant  shall  be  issued  for  the  payment  of  any  claim 
until  such  claim  is  approved  by  the  school  director,  except  the  pay- 
roll for  assistants  in  school  work  and  teachers,  which  shall  be  ap- 
proved by  the  president  and  clerk  and  the  superintendent  of  instruc- 
tion.    (87  V.  76.) 

(3899-13)  Sec.  13.  [Evidence  of  accuracy  and  legality  of  same.] 
Whenever  a  claim  shall  be  presented  to  the  auditor,  he  shall  have  power 
to  require  evidence  that  the  amount  claimed  is  justly  due  and  is  in 
conformity  to  the  law,  and  for  that  purpose  he  may  summon  before  him 
any  officer,  agent  or  employee  of  the  board,  or  any  other  person,  and 
examine  him  on  oath  or  affirmation  relative  thereto,  which  oath  or  affirma- 
tion he  may  administer.     (89  v.  ^^.^ 

(3899-14)  Sec.  14.  [Appropriations.]  No  money  shall  be  drawn 
from  the  treasury  except  in  pursuance  of  appropriations  made  by  the 
school  council,  and  whenever  an  appropriation  is  made  by  the  council 
the  clerk  .=;hall  forthwith  give  notice  thereof  to  the  auditor  and  treas- 
urer. No  appropriations  shall  be  made  for  a  longer  period  than  for 
the  end  of  the  current  year,  and  at  the  end  of  each  year,  all  the  un- 


32  OHIO    SCHOOL    LAWS. 


Ch.  2.  City  Districts  of  the  First  Class. 

expended  balances  of  appropriations  shall  revert  to  the  school  fund.     (89 
V.  yj.) 

(3899-15)  Sec.  15.  [Individual  liability  of  auditor  and  sureties.] 
If  the  auditor  shall  draw  a  warrant  for  any  claim  contrary  to  law,  he 
and  his  sureties  shall  be  individually  liable  for  the  amount  of  the  same. 
(89  V.  77.) 

3899-16)  Sec.  16.  [Auditors'  reports;  examination  of  same;  bond, 
etc.]  The  auditor  shall  submit  to  the  school  council  on  the  second 
Monday  in  September  in  each  year,  and  oftener  if  required  by  it,  a 
report  of  the  accounts  of  the  board,  verified  by  his  oath,  exhibiting 
the  revenues,  receipts,  disbursements,  assets  and  liabilities  of  the 
board,  the  sources  from  which  the  revenues  and  funds  are  derived 
and  in  what  manner  the  same  have  been  disbursed.  Said  report, 
filed  on  the  second  Monday  in  September,  shall  cover  the  period  of 
one  year  ending  with  the  thirty-first  day  of  August  next  preceding 
the  time  of  making  such  report.  Said  report  shall  be  examined  by 
the  corporation  counsel  together  with  two  suitable  persons  to  be 
appointed  by  the  court  of  common  pleas  on  the  second  Tuesday  in 
September  of  each  year,  and  the  two  persons  so  appointed  shall  each 
be  allowed  and  paid  out  of  the  contingent  fund  of.  the  board  of  edu- 
cation the  sum  of  five  dollars  per  day  for  the  time  they  are  neces- 
sarily employed  in  making  said  investigation,  but  said  per  diem 
compensation  shall  not  be  allowed  to  either  of  said  persons  for  more 
than  thirty  days.  To  aid  in  their  investigation,  the  persons  so  ap- 
pointed with  the  corporation  counsel  to  examine  said  report,  shall 
have  power,  when  in  their  opinion  it  is  necessary,  to  subpoena  wit- 
nesses to  appear  before  them  at  such  time  and  place  as  is  designated. 
Upon  the  filing  of  a  precipe  with  the  clerk  of  the  court  of  common 
pleas  he  shall  issue  a  subpoena,  directed  to  the  sheriff  of  the  county, 
who  shall  serve  the  same  and  make  return  according  to  law ;  such 
witnesses  may  be  sworn  before  any  officer  authorized  to  administer 
oaths  and  shall  thereupon  be  compelled  to  answer  such  questions  as 
are  put  to  them  relative  to  the  financial  transactions  of  the  board  of 
education.  The  clerk  of  the  court  of  common  pleas  shall  certify 
to  all  costs  arising  under  these  proceedings  to  the  school  director, 
who  shall  cause  the  same  to  be  paid  in  the  same  manner  as  now 
provided  by  law  for  the  payment  of  the  expenses  of  the  board  of 
education.  Said  examiners  shall  deposit  said  auditor's  report  and  the 
report  of  their  examination,  on  or  before  the  fourth  Saturday  in 
October,  with  the  school  director,  who  shall  cause  said  examiners' 
report  to  be  read  to  the  school  council  at  its  next  regular  meeting, 
and  the  same  shall  be  published  in  full  in  the  official  proceedings  of 
said  meeting,  and  the  school  director  shall  immediately  thereafter 
cause  said  reports  to  be  published  in  the  annual  reports  of  the  board 


OHIO   SCHOOL    LAWS.  33 


City  Districts  of  the  First  Class,  Ch.  2. 

of  education.  The  auditor  shall  give  bond  for  the  faithful  discharge 
of  his  duties  in  the  sum  of  twenty  thousand  ($20,000)  dollars  with 
not  less  than  two  sureties,  and  which  shall  be  approved  by  the  council 
and  filed  with  the  clerk.  The  auditor  shall  receive  no  compensation 
for  his  services  as  auditor,  but  the  council  shall  provide  for  the  ap- 
pointment of  such  assistants  for  the  auditor  as  it  shall  deem  necessary,, 
and  fix  their  compensation,  which  shall  be  paid  monthly  out  of  the 
school  funds,  but  such  assistants  shall  be  appointed  by  the  auditor. 
(93  V.  517;    89  V.  j-j.) 

(3899-17)  Sec.  17.  [Moneys  due  to  board. J  All  money  due  to  the 
board  shall  be  paid  to  the  treasurer  upon  the  warrant  of  the  auditor^ 
which  alone  shall  be  sufficient  to  authorize  such  payment ;  no  person 
except  the  treasurer  shall  collect  or  receive  any  moneys  due  the  board, 
and  any  payments  made,  except  to  such  treasurer,  and  any  receipt  given 
therefor  by  any  person  shall  be  void  against  the  board.     (89  v.  "j"].) 

(3899-18)  Sec.  18.  [Office  of  certain  auditor  abolished.]  The 
office  of  auditor  of  the  board  of  education  as  provided  by  section  3980 
of  the  Revised  Statutes  is  heVeby  abolished;  to  take  effect  upon  the 
organization  of  the  board  of  education,  as  herein  prr>\MHf|H      (^Qy  l^*?  ) 

*  <»*«  °'  '^"'^    ^ 

CONTRACTS.  i  "^^VERSTTV  ^i 

•  (3899-19)  Sec.  19.    [When  contract  binding.]    Nc)>»j^a£*o5l 
ment  or  obligation  shall  be  binding  upon  the  board  unless  an  appro- 
priation therefor  shall  have  been  first  made  by  the  council.     (89  v.  77.) 

(3899-20)  Sec.  20.  [When  to  be  in  writing,  etc.;  limitation.]  All 
contracts  involving  more  than  two  hundred  and  fifty  ($250)  dollars 
in  amount  shall  be  in  writing,  executed  in  the  name  of  the  board 
of  education  by  the  school  director  and  approved  by  the  council.  When 
money  therefor  has  been  appropriated  by  the  council,  the  school  director 
may  make  contracts  and  purchases  not  exceeding,  two  hundred  and 
fifty  ($250))  dollars  in  amount  at  any  one  time,  but  all  such  contracts 
shall  be  forthwith  reported  to  the  auditor.     (89  v.  yy.) 

(3899-21)  Sec.  21.  [Proceedings  when  cost  of  proposed  improve- 
ment exceeds  fifteen  hundred  dollars;  exceptions.]  When  the  school 
council  determines  to  build,  enlarge,  repair  or  furnish  a  schoolhouse  or 
schoolhouses,  or  make  any  improvement  or  repair,  the  cost  of  which 
will  exceed  fifteen  hundred  dollars,  except  in  cases  of  urgent  necessity 
or  for  the  security  and  protection  of  school  property,  it  shall  proceed  as 
follows : 

I.  The  school  director  shall  advertise  for  bids  for  a  period  of  four 
weeks,  once  each  week,  in  not  exceeding  two  newspapers  of  general 
circulation  in  the  district;  which  advertisement  shall  be  entered  in  full 
on  the  records  of  the  school  director;  and  all  advertising  shall  be  paid  for 

3    S.  L. 


B4  OHIO    SCHOOL    LAWS. 


Ch.  2  City  Districts  of  the  First  Class. 

at  not  exceeding  legal  rates  as  provided  in  section  4366  of  the  Revised 
Statutes. 

2.  The  bids,  duly  sealed  up,  shall  be  filed  with  the  clerk  by  12 
o'clock,  noon,  of  the  last  day  stated  in  the  advertisement. 

3.  The  bids  shall  be  opened  by  the  school  director  at  the  next 
meeting  of  the  council,  be  publicly  read  by  the  clerk,  and  entered  in  full 
upon  the  records  of  the  council. 

4.  Each  bid  shall  contain  the  name  of  every  person  interested  in 
the  same,  and  shall  be  accompanied  by  a  sufficient  guaranty  of  some  dis- 
interested person  that  if  the  bid  be  accepted  a  contract  will  be  entered  into, 
and  the  performance  of  it  properly  secured. 

5.  When  both  labor  and  materials  are  embraced  in  the  work  bid 
for,  each  must  be  separately  stated  in  the  bid  with  price  thereof. 

6.  None  but  the  lowest  responsible  bid  shall  be  accepted,  but  the 
school  director  may,  at  his  discretion,  reject  all  the  bids,  or  accept  any 
bid  for  both  labor  and  materials  which  is  the  lowest  in  the  aggregate 
for  such  improvement  or  repair. 

7.  Any  part  of  a  bid  which  is  lower  than  the  same  part  of  any 
other  bid  shall  be  accepted,  whether  the  residue  of  the  bid  is  higher  or 
not;  and  if  it  is  higher,  such  residue  shall  be  rejected. 

8.  The  contract  shall  be  between  the  board  of  education  and  the 
bidders,  and  the  board  shall  pay  the  contract  price  for  the  work  \vhen 
it  is  completed,  in  cash,  and  make  up  monthly  estimates  as  the  work  pro- 
gresses. 

9.  When  two  or  more  bids  are  equal  in  the  whole  or  in  any  part 
thereof,  and  are  lower  than  any  others,  either  may  be  accepted,  but 
in  no  case  shall  the  work  be  divided  between  the  makers  thereof. 

10.  When  there  is  reason  to  believe  that  there  is  any  collusion 
or  combination  among  the  bidders,  or  any  number  of  them,  the  bids 
of  those  concerned  therein  shall  be  rejected.     (89  v.  78.) 

GENERAL. 

(3899-22)  Sec.  22.  [Impeachment  of  director  or  member  of  coun- 
cil; cost.]  Any  member  of  the  school  council  or  the  director  may  be 
impeached  for  misfeasance  or  malfeasance  in  office,  by  a  proceeding 
in  the  probate  court  in  the  county  in  which  said  school  district  is  situ- 
ated on  complaint  thereof  under  oath  filed  therein  by  any  elector  of  the 
school  district,  signed  and  approved  by  four  electors  thereof;  and  there- 
upon such  proceedings  shall  be  had  and  judgment  rendered  as  pro- 
vided in  sections  1732  and  1736,  inclusive,  of  the  Revised  Statutes,  for 
the  impeachment  of  officers  of  municipal  corporations;  and  the  costs  and 
expenses  of  the  trial  shall  be  charged  upon  the  party  filing  the  com- 
plaint, the  accused  or  the  board  of  education  or  apportioned  among  them, 


OHIO   SCHOOL   LAWS.  35 


City  Districts  of  the  First  Class. Ch.  2. 

as  the  judge  may  see  fit  to  direct,  and  shall  be  collected  as  in  other 
cases,  provided  that  no  costs  or  expenses  shall  be  charged  to  the 
accused,  if  he  is  acquitted.     (89  v.  79.) 

(3899-23)  Sec.  23.  [Offices  of  certain  members  of  board  abol- 
ished.] The  members  of  the  board  of  education  in  city  districts  of  the 
second  grade,  first  class,  in  office  when  this  act  takes  effect,  shall  con- 
tinue in  office  until  the  school  council  is  organized  as  herein  provided, 
at  which  time  their  powers  and  duties  shall  cease  and  determine,  and 
their  offices  thenceforth  shall  be  and  are  hereby  abolished.     (89  v.  79.) 

(3899-24)  Sec.  24.  [Repeals.]  Section  3899  of  the  Revised  Stat- 
utes is  hereby  repealed;  and  all  provisions  of  law  in  force  when  this  act 
takes  effect,  which  are  inconsistent  with  any  provision  of  this  act,  shall 
be  held  to  be  superseded  by  the  latter,  as  to  the  matter  of  inconsistency, 
and  not  otherwise,  as  to  city  districts  of  the  second  grade  of  the  first 
class.     (89  v.  79.) 

CLEVELAND    PENSION   FUND. 

(38990)  Sec.  I.  [Teachers'  pension  fund  established.]  A  teach- 
ers' pension  fund  shall  be  established  in  cities  of  the  second  grade  of  the 
first  class.     (94  L.  L.  539.) 

(38996)  Sec.  2.  [How  created.]  It  shall  be  the  duty  of  the  treas- 
urer of  the  board  of  education  in  cities  of  the  second  grade  of  the 
first  class  to  reserve  at  each  payment  one  per  cent.  (1%)  of  such  in- 
stallment of  the  salary  of  each  regular  teacher,  principal,  supervisor 
or  superintendent  of  instruction  of  said  city  district  up  to  a  maximum 
salary  of  twelve  hundred  dollars  ($1,200)  yearly,  for  any  one  teacher, 
principal,  supervisor  or  superintendent,  and  to  place  the  amount  so 
reserved  in  the  teachers'  pension  fund.     (94  L.  L.  539.) 

(3899^)  Sec.  3.  [Teachers  retired  within  twenty-five  years;  de- 
duct part  of  pension.]  It  shall  be  the  duty  of  the  treasurer  to  reserve 
in  the  pension  fund  from  the  pension  of  each  person  who  shall  have 
been  retired  by  the  retiring  board  within  twenty-five  years  from  the 
time  this  act  goes  into  effect,  one  per  cent.  (1%)  of  his  or  her  pension 
for  the  balance  of  the  twenty-five  years.     (94  L.  L.  539.) 

(3899^/)  Sec.  4.  [Examination  fees  of  teachers  to  be  paid  into 
fund.]  It  shall  be  the  duty  of  the  said  treasurer  to  collect  and  to 
place  in  this  teachers'  pension  fund  all  fees  for  examination  of  teachers 
given  by  the  city  board  of  examiners.     (94  L.  L.  539.) 

(3899O  Sec.  5.  [Legacies,  bequests  and  donations.]  It  shall  be 
the  duty  of  the  said  treasurer  to  receive  all  legacies,  bequests  and  dona- 
tions to  the  fund  and  to  place  the  same  in  the  fund.     (94  L.  L.  539.") 

(3899 0  Sec.  6.  [Membership  of  retiring  board.]  It  shall  be  the 
duty  of  the  teachers,  in  Septenil)cr  of  1900,  to  elect  three  of  their  number, 
one  for  three  years,  one  for  two  years  and  one  for  one  year;  and  there- 


36  OHIO    SCHOOL    LAWS. 


Ch.  2.  City  Districts  of  the  First  Class. 

after  each  September  to  elect  one  member  to  serve  for  three  years ; 
these  three  members,  together  with  the  superintendent  of  instruc- 
tion and  the  president  of  the  school  council  of  said  city,  shall  consti- 
tute and  be  a  retiring  board.     (94  L.  L.,  539.) 

(3899^)860.7.  [ Officers  of  board ;  compensation.]  The  retiring 
board  shall  at  once  choose  a  president  and  secretary  from  its  own  num- 
ber; it  shall  have  the  power  to  pay  the  secretary,  or  to  pay  an  assist- 
ant, from  this  fund,  not  to  exceed  three  hundred  dollars  ($300)  per  year. 
(94  L.  L.  539.) 

(3899/0  Sec.  8.  [Trustees  of  fund;  bond.]  This  board  shall 
choose  two  business  men,  who  with  the  city  treasurer,  shall  act  as 
trustee  of  this  fund,  to  invest  whatever  amount  is  not  needed  for 
current  pension  claims.  Said  two  business  men  thus  chosen  shall 
hold  their  said  office  for  three  (3)  years  and  until  their  successors 
are  chosen  and  qualified,  and  shall  give  bond  for  the  faithful  perform- 
ance of  their  duties  in  such  sum  as  the  said  retiring  board  may  order. 
Vacancie's  in  said  office  of  trustees,  except  the  city  treasurer,  shall 
be  filled  for  the  unexpired  term  by  the  said  retiring  board.     (94  L. 

L-  539-) 

(3899/)  Sec.  9.  [Power  of  retiring  board.]  This  retiring  board 
shall  have  full  power  in  the  pensioning  of  teachers,  in  accordance  with 
this  act.     (94  L.  L.  539.) 

(3899/1')  Sec.  10.  [Pensions  shall  not  be  paid  for  five  years.]  No 
pensions  shall  be  paid  from  this  teachers'  pension  fund  for  five  (5)  years 
from  the  time  this  act  goes  into  efifect.     (94  L.  L.  539.) 

(3899/)  Sec.  II.  [Retirement  of  teacher;  amount  of  pension.]  Af- 
ter twenty-five  years  of  teaching,  four-fifths  of  which  time  shall  be  in  the 
public  schools  of  cities  of  the  second  grade  of  the  first  class,  a  teacher, 
upon  the  recommendation  of  the  superintendent  of  instruction,  may  be 
retired  by  a  majority  vote  of  the  retiring  board,  with  a  pension  of  one- 
half  pay,  yearly,  providing  in  no  case  shall  this  pension  exceed  six  hundred 
dollars  ($600)  yearly.     (94  L.  L.,  539.) 

(3899;;?)  Sec.  12.  [Amount  of  pension  in  cass  of  disability.]  From 
total  disability  on  account  of  teaching  a  (teacher),  principal,  supervisor  or 
superintendent  shall  be  retired  by  the  retiring  board  and  shall  receive,, 
after  five  years  from  the  time  this  law  goes  into  efifect,  as  indicated, 
that  part  of  one-half  salary  which  his  or  her  years  of  experience  in  said 
city  schools  bear  to  thirty  years.  In  no  case  is  the  half-salary  to  exceed 
six  hundred  dollars  ($600)  yearly.      (94  L.  L.,  540.) 

(3899")  Sec.  13.  [Rebate  to  teacher  on  removal  or  non-appoint- 
ment.] Any  teacher  removed  after  the  five  years,  or  failure  of  reap- 
pointment by  the  superintendent  of  instruction,  shall  be  entitled  to  and 
shall  receive  from  the  trustees,  all  moneys  deducted  from  his  or  her  salary 
after  the  said  five  years,  as  indicated  in  section  10.     (94  L.  L.,  540.)' 


OHIO    SCHOOL    LAWS.  37 


City  Districts  of  the  First  Class.  Ch.  2. 

(38990)  Sec.  14.  [When  teacher  must  be  retired;  amount  of  pen- 
sion; one  per  cent,  deducted;  pension  to  cease  upon  re-employment.] 
After  thirty  years'  experience  in  teaching,  four-fifths  of  wiiich  time 
(twenty-four  years)  shall  be  in  the  public  schools  of  said  cities  of  the 
second  grade  of  the  first  class,  a  teacher,  principal,  supervisor  or  super- 
intendent must  be  retired  by  the  retiring  board,  upon  the  written  re- 
quest of  the  teacher,  principal,  supervisor  or  superintendent,  at  a  pen- 
sion equal  yearly  to  one-half  of  his  or  her  salary  at  the  time,  providing 
that  in  no  case  shall  the  half  salary  be  more  than  six  fiundred  dollars 
($600),  and  providing  that  the  clause  in  this  section  referring  to  four- 
fifths  time  in  schools  in  cities  of  the  second  grade  of  the  first  class  shall 
not  apply  to  teachers,  principals,  supervisors  or  superintendents  who 
are  in  said  schools  when  this  act  goes  into  eflFect,  and  providing  further 
that  any  person  who  shall  be  retired  within  twenty-five  years  from  the 
time  this  act  goes  into  effect  shall  have  one  per  cent.  (i%)  deducted 
from  his  or  her  pension  for  the  balance  of  the  said  twenty-five  (25) 
years,  according  to  section  3.  If  any  one  drawing  a  pension  under 
this  section  from  the  said  teachers'  pension  fund  shall  again  enter  the 
public  schools  as  a  regular  teacher,  principal,  supervisor  or  superin- 
tendent, his  or  her  pension  shall  cease.     (94  L.  L.,  540.) 

(3899/')  Sec.  15.  [Pension  to  cease  on  death  or  resignation.]  The 
death  or  voluntary  resignation  of  any  teacher,  principal,  supervisor  or 
superintendent  shall  terminate  all  interest  of  said  person  in  said  pen- 
sion fund.     (94  L.  L.,  540.) 

TOLEDO. 

(3899-25)  Sec.  1.  [Board  of  education  in  Toledo;  number;  elec- 
tion; meetings.]  All  boards  of  education  in  city  districts  of  the  third 
grade  of  the  first  class  shall  consist  of  five  members,  all  of  whom  shall 
be  elected  by  the  qualified  electors  for  school  purposes  residing  in  such 
city,  and  such  board  shall  meet  on  the  first  and  third  Mondays  of  each 
month  during  the  school  year,  and  it  may  hold  such  special  meetings 
as  it  may  deem  necessary.     (93  v.  485.) 

(3899-26)  Sec.  2.  [Election  of  members.]  Not  less  than  ten  days 
before  any  school  election,  legal  voters  of  either  sex  at  such  election, 
may  present  names  of  candidates  for  election  on  such  school  board  to 
the  board  of  elections  of  the  county  in  which  such  district  is  situated, 
and  whenever  such  candidates  shall  be  endorsed  in  writing  by  two  hun- 
dred of  the  legal  voters  of  either  sex  and  shall  be  presented  to  the  board 
of  elections  not  less  than  ten  days  prior  to  such  election,  the  board 
of  elections  shall  publish  the  names  of  such  candidates  in  the  daily  papers 
of  the  city  and  prepare  ballots  which  shall  contain  all  the  names  of  such 
candidates,  which  ballots  shall  be  voted  at  the  election  and  deposited 
in  a  separate  ballot-box  provided  by  the  board  of  elections  for  the  [that] 


38  OHIO    SCHOOL    LAWS. 


Ch.  2.  City  Districts  of  the  First  Class. " 

purpose.     Each  elector  may  mark  and  vote  for  as  many  of  such  candi- 
dates on  said  ballot  as  there  are  members  to  be  elected.     (93  v.  485.) 

(3899-27)  Sec.  3.  [Number  of  members ;  terms.]  At  the  first  elec- 
tion of  such  board,  which  shall  be  held  on  the  first  Monday  in  April, 
1898,  five  members  of  the  board  shall  be  elected.  The  candidate  receiving- 
the  highest  number  of  votes  cast  shall  be  elected  to  serve  for  five  years ; 
the  candidate  receiving  the  second  highest  number  of  votes  cast,  shall 
be  elected  to  serve  for  four  years ;  the  candidate  receiving  the  third 
highest  number  of  votes  cast,  shall  be  elected  to  serve  for  three  years ; 
the  candidate  receiving  the  fourth  highest  number  of  votes  cast,  shall  be 
elected  to  serve  for  two  years,  and  the  candidate  receiving  the  fifth  high- 
est number  of  votes  cast  shall  be  elected  to  serve  for  one  year.  At 
the  regular  annual  municipal  election  each  year  after  the  first  elec- 
tion one  member  shall  be  elected  for  five  years  to  succeed  the  member 
whose  term  expires  with  the  current  year.     (93  v.  625,  485.) 

(3899-28)  Sec.  4.  [Powers  of  board.]  The  board  shall  have  power 
to  provide  for  the  appointment  of  all  necessary  teachers  and  employes, 
prescribe  their  duties  and  fix  their  compensation ;  and  it  may  make  such 
rules  and  regulations  for  its  own  government  as  it  may  deem  necessary. 
It  shall  have  power  to  issue  bonds  for  the  improvement  or  purchase 
of  property  and  erection  of  school  buildings,  in  any  amount  not  exceeding 
an  aggregate  tax  at  the  rate  of  two  mills  for  the  year  next  preceding 
such  issue,  under  the  restrictions  specified  in  sections  thirty-nine  hun- 
dred and  ninety-three  (3993)  and  thirty-nine  hundred  and  ninety-four 
(3994)  of  the  Revised  Statutes.  Such  board  shall  also  have  the  powers 
specified  in  section  thirty-nine  hundred  and  ninety-four  b  (3994^)  relative 
to  refunding  bonded  indebtedness,  and  it  shall  have  all  the  powers  and 
perform  all  the  duties  which  by  existing  laws  are  vested  in  and  to  be 
exercised  by  boards  of  education  in  cities  of  the  third  grade  of  the  first 
class  relative  to  any  library  board  and  university  board  therein  or 
otherwise.     (93  v.  486.) 

(3899-29)  Sec,  5.  [Organization;  president;  committees;  super- 
intendent of  instruction;  clerk  of  board.]  The  board  shall  organize 
on  the  third  Monday  of  April,  1898,  and  annually  thereafter.  The 
member  of  the  board  whose  term  shall  expire  at  the  end  of  the  current 
year  shall  be  president  of  the  board  for  such  current  year,  and  shall 
have  sole  power  to  appoint  all  standing  and  other  committees  of  said 
board.  The  board  shall  at  its  first  meeting,  or  as  soon  thereafter  as 
may  be,  employ  a  superintendent  of  instruction,  and  also  a  business 
manager  for  a  term  not  to  exceed  two  years.  The  business  manager 
shall  also  be  clerk  of  the  board,  and  discharge  all  the  duties  imposed 
by  law  upon  such  office.     (93  v.  486.) 

(3899-30)  Sec.  6.  [Powers  of  superintendent;  report;  attending 
meetings.]     The  superintendent  of  instruction  shall  have  the  power  to 


OHIO    SCHOOL    LAWS.  39 


City  Districts  of  the  First  Class.  Ch.  2. 

appoint  and  discharge,  subject  to  the  approval  and  confirmation  of  the 
board,  all  teachers  and  assistants,  authorized  by  the  board  to  be  employed. 
He  shall  report  in  writing  to  the  board  monthly  and  oftener,  if  re- 
quired, as  to  all  matters  under  his  supervision,  and  may  be  required 
by  the  board  to  attend  any  or  all  of  its  meetings.     (93  v.  486.) 

(3899-31)860.7.  [Business  manager;  duties;  powers;  ex  officio 
member  of  board;  report  of  board;  bond.]  The  business  manager 
shall  be  the  principal  executive  officer  of  the  board,  by  whom  his  duties 
shall  be  prescribed.  He  shall  be  exofficio  member  of  the  board  with  the 
privilege  of  speaking  but  not  of  voting.  Except  as  to  teachers  and  assist- 
ants he  shall  have  the  appointment  and  discharge  of  all  employes  of  the 
board,  subject  to  the  approval  and  confirmation  of  the  board.  He  shall 
report  to  the  board  monthly,  and  oftener  if  required,  as  to  all  matters  under 
his  supervision  and  shall  attend  all  meetings  of  the  board.  He  shall 
devote  his  entire  time  to  the  duties  of  his  office,  and  shall  give  a  bond  for 
the  faithful  discharge  of  his  duties  as  business  manager  and  clerk  of  the 
board  of  education  in  such  sum  as  the  board  may  determine,  with  sureties 
to  be  approved  by  the  board,  which  bond  shall  be  deposited  with  the  presi- 
dent of  the  board  within  ten  days  after  his  appointment.     (93  v.  486.) 

(3899-32)  Sec.  8.  [Report  of  business  manager;  duties.]  The 
business  manager  shall  submit  to  the  board  monthly  and  oftener,  if  re- 
quired, a  report  of-the  accounts  of  the  board  exhibiting  the  revenues, 
receipts,  disbursements,  assets  and  liabilities  of  the  board,  sources 
from  which  the  revenues  and  funds  are  derived  and  in  what  manner 
the  same  have  been  disbursed.  He  shall  keep  an  accurate  account  of 
all  taxes  levied  for  school  purposes  and.  of  all  moneys  due  to,  received 
and  disbursed  by  the  board ;  also  of  all  assets  and  liabilities  of,  and 
of  all  appropriations  made  by  the  board,  and  shall  receive  and  pre- 
serve all  vouchers  for  payments  and  disbursements  made  to  or  by  the 
board.  He  shall  issue  all  warrants  for  the  payment  of  money  from 
the  school  fund,  but  no  warrant  shall  be  issued  for  the  payment  of  any 
claim  until  such  claim  has  been  approved  by  the  board,  and  the  pay- 
roll for  assistants  in  school  work  and  teachers  shall  be  countersigned 
by  the  superintendent  of  instruction.     (93  v.  486.) 

(3899-33)  Sec.  9.  [Suspension  or  removal  of  superintendent,  busi- 
ness manager  or  clerk.]  The  board  may  at  any  time  for  cause  suspend 
or  remove  the  superintendent  of  instruction,  the  business  manager  or 
clerk,  but  said  officer  or  officers  shall  not  be  suspended  or  removed  un- 
less charges  are  preferred,  in  writing,  and  they  be  afforded  an  oppor- 
tunity to  bring  or  offer  testimony  in  their  defense,  which  testimony 
shall  be  received  and  considered  by  said  board  and  made  a  part  of  the 
records.     (93  v.  487.) 

(3899-34)  Sec.  10.  [City  treasurer  ex  officio  treasurer  of  board; 
bond;    compensation.]     The  city  treasurer  of  such  city  shall  be  ex 


40  OHIO    SCHOOL    LAWS. 


Ch.  2.  City  Districts  of  the  First  Class. 

officio  the  treasurer  of  the  board  of  education  in  such  district.  He 
shall  give  bond  to  the  board  in  such  sum  as  shall  be  required  by  the 
board ;  and  it  may  award  him  such  compensation  as  it  may  deem  rea- 
sonable, and  pay  the  same  from  the  school  funds  of  the  district.  (93 
V.  487.) 

(3899-35)  Sec.  II.  [Payments  of  money  due  board;  who  may  col- 
lect  or  receive  moneys.]  All  money  due  to  the  board  shall  be  paid  to 
the  treasurer  upon  the  warrant  of  the  business  manager,  which  alone 
shall  be  sufficient  to  authorize  such  payments ;  no  person  except  the 
treasurer  shall  collect  or  receive  any  moneys  due  to  the  board,  and 
any  payments  made,  except  to  such  treasurer,  and  any  receipt  given 
therefor  by  any  other  person  shall  be  void  as  against  the  board. 
(93  V.  487.) 

(3899-36)  Sec.  12.  [How  money  to  be  drawn  from  treasury.]  No 
money  shall  be  drawn  from  the  treasury  except  in  pursuance  of  appro- 
priation made  by  the  board,  and  whenever  an  appropriation  is  made  by 
the  board  the  business  manager  shall  forthwith  give  notice  thereof  to  the 
treasurer.  No  appropriation  shall  be  made  for  a  longer  period  than  for 
the  end  of  the  current  year,  and  at  the  end  of  each  year  all  the  unex- 
pended balances  of  appropriations  shall  revert  to  the  school  fund.  (93 
V.  487.) 

(3899-37)  Sec.  13.  [How  contract  involving  more  than  two  hun- 
dred and  fifty  dollars  to  be  made.]  All  contracts  involving  more  than 
two  hundred  and  fifty  dollars  ($250)  in  amount  shall  be,  in  writing, 
executed  in  the  name  of  the  board  of  education  by  the  business  man- 
ager and  approved  by  the  board.  When  the  money  therefor  has  been 
appropriated  by  the  board,  the  business  manager  may  make  contracts 
and  purchases  not  exceeding  two  hundred  and  fifty  dollars  ($250)  in 
amount,  at  any  time,  but  all  contracts  shall  be  forthwith  reported  to 
the  board.     (93  v.  487.) 

(3899-38)  Sec.  14.  [Contracts  for  building,  enlarging,  etc.,  school 
house  or  making  improvements  the  cost  cf  which  exceeds  fifteen  hun- 
dred dollars;  exceptions.]  When  the  board  of  education  determines 
to  build,  enlarge,  repair  or  furnish  a  school-house  or  school-houses, 
or  make  any  improvements  or  repairs,  the  aggregate  cost  of  which 
shall  exceed  $1,500,  except  in  cases  of  urgent  necessities,  or  for  the 
security  and  protection  of  school  property,  it  shall  be  as  follows: 

I.  The  business  manager  shall  advertise  for  bids  for  the  period 
of  four  weeks,  once  each  week,  in  not  exceeding  two  newspapers  of 
general  circulation  in  the  district ;  which  advertisements  shall  be  entered 
in  full  on  the  records  of  the  board  and  all  advertisements  shall  be  paid 
for  at  not  exceeding  legal  rates,  as  provided  in  section  4266  of  the  Re- 
vised Statutes. 


OHIO    SCHOOL    LAWS.  41 


City  Districts  of  the  First  Class.  Ch.  2. 

2.  The  bids  sealed  up  shall  be  filed  with  the  business  manager  at 
12  o'clock  noon,  of  the  last  day  stated  in  the  advertisement. 

3.  The  bids  shall  be  opened  by  the  business  manager  at  the  next 
meeting  of  the  board,  be  publicly  read  by  the  business  manager  and 
entered  in  full  upon  the  records  of  the  board. 

4.  Each  bid  shall  contain  the  name  of  every  person  interested  in  the 
same,  and  shall  be  accompanied  by  a  sufficient  guarantee  of  some  disin- 
terested person  or  company,  that  if  the  bid  be  accepted  the  contract  will 
be  entered  into  and  the  performance  of  it  duly  secured. 

5.  When  both  labor  and  material  are  embraced  in  the  work  bid  for, 
each  must  be  separately  stated  in  the  bid  with  the  price  thereof. 

6.  None  but  the  lowest  responsible  bidder  shall  be  accepted,  but 
the  board  may  reject  all  the  bids,  or  accept  any  bid  for  both  labor  and 
material,  which  is  the  lowest  in  the  aggregate  for  such  improvement  or 
repair. 

7.  Any  part  of  the  bid  whicli  is  lower  than  the  same  part  of  any 
other  bid,  shall  be  accepted,  whether  the  residue  of  the  bid  is  higher  or 
not,  and  if  it  is  higher,  such  residue  shall  be  rejected. 

8.  The  contract  shall  be  between  the  board  and  the  bidders,  and 
the  board  shall  pay  the  contract  price  for  the  work  when  it  is  completed 
and  accepted,  in  cash,  and  make  monthly  estimates  of  the  work  as  it 
progresses. 

9.  When  two  or  more  bids  are  equal  in  the  whole  or  in  any  part 
thereof,  and  are  lower  than  any  others,  either  may  be  accepted,  but  in 
no  case  shall  the  work  be  divided  between  the  makers  thereof. 

10.  When  there  is  reason  to  believe  that  there  is  any  collusion  or 
combination  among  the  bidders,  or  any  numberof  them,  the  bids  of  those 
concerned  therein  shall  be  rejected.     (93  v.  487.) 

(3899-39)  Sec.  15.  [Members  in  office  when  this  act  goes  into 
effect  to  continue  until  school  board  herein  provided  for  organizes.] 

The  members  of  the  board  of  education,  in  cities  of  the  third  grade 
of  the  first  class,  in  office  when  this  act  takes  effect,  shall  continue  in  office 
until  the  school  board  is  organized  as  herein  provided,  at  which  time  their 
powers  shall  cease  and  determine,  and  their  offices  thenceforth  shall 
be  and  are  hereby  abolished.     (93  v.  488.) 

TOLEDO   PENSION    FUND. 

(3899-40)  Sec.  I.  [Toledo  teachers'  pension  fund  created.]  In 
order  to  create  a  fund  to  be  known  as  the  school  teachers'  pension  fund, 
one  per  cent.  (1%)  of  the  salaries,  paid  to  all  teachers  of  city  districts  of 
the  third  grade  of  the  first  class,  shall  be  deducted  by -the  proper  officers 
and  paid  into  the  city  treasury  to  the  credit  of  said  fund,  to  be  used 
exclusively  for  pensions  for  teachers  as  hereinafter  provided.    All  moneys 


42  OHIO   SCHOOL   LAWS. 


Ch.  2.  City  Districts  of  the  First  Class. 

received  from  donations,  legacies,  gifts,  bequests  or  from  any  other 
source  shall  also  be  paid  into  said  fund ;  but  no  taxes  shall  be  levied  or 
any  public  moneys  be  appropriated  for  said  fund,  except  as  herein  pro- 
vided.    (92  V.  683.) 

(3899-41)  Sec.  2.  [Membership  of  board  of  trustees;  investment 
of  fund;  rules  and  regulations.]  Said  school  teachers'  pension  fund 
shall  be  under  the  charge,  management  and  control  of  a  board  to  be 
known  as  the  board  of  trustees  of  the  school  teachers'  fund,  composed 
of  seven  members,  three  elected  by  the  board  of  education  of  said  city 
district,  three  to  be  elected  by  the  teachers  of  the  public  schools,  and 
the  superintendent  of  schools  of  said  city  district  who,  ex  officio,  shall 
be  a  mem.ber  of  said  board.  The  board  of  education  of  said  city  dis- 
trict shall,  at  its  first  regular  meeting  after  this  act  goes  into  efifect, 
elect  three  of  its  members,  one  for  one  year,  one  for  two  years, 
and  one  for  three  years  and  thereafter  annually  elect  one  of  its 
members  for  three  years,  who  shall  serve  as  members  of  said  board ; 
the  teachers  of  tjie  public  schools  of  said  city  district  shall,  within 
thirty  days  after  this  act  goes  into  effect,  at  a  meeting  to  be  called 
by  the  superintendent  of  schools  of  said  "city  district,  elect  three  of 
their  number,  one  for  one  year,  one  for  two  years,  and  one  for  three 
years,  and  thereafter  annually  at  a  meeting  to  be  called  in  the  same 
manner,  elect  one  of  their  number  for  three  years,  who  shall  serve  as 
members  of  said  board.  The  members  of  said  board  shall  serve  until 
their  successors  are  elected  and  qualified.  Said  board  of  trus(,tees  shall 
have  power  to  invest  said  pension  fund  in  the  name  of  said  board  in  bonds 
of  the  United  States,  or  of  the  state  of  Ohio,  or  of  any  county  in  this 
state,  or  of  any  municipal  corporation  in  this  state,  or  of  any 
school  district  of  this  state,  and  said  board  shall  have  power  to  make 
payments  from  said  pension  fund  of  pensions  granted  in  pursuance  of  this 
act.  Said  board  of  trustees  shall  also  have  power  from  time  to  time  to 
make  and  establish  such  rules  and  regulations  for  the  administration  of 
said  pension  fund  as  they  shall  deem  best.     (92  v.  683.) 

(3899-4?)  Sec.  3.  [Retirement  of  teacher,  voluntary  and  involun- 
tary; "teacher"  defined;  amount  of  pension.]  Said  board  of  edu- 
cation of  said  city  district  shall  have  power  by  a  majority  vote  of 
all  the  members  composing  said  board  to  retire  on  account  of  phvsical 
or  mental  disability  any  male  or  female  teacher  under  such  board 
who  shall  have  taught  for  a  period  aggregating  twenty  (20)  years, 
whether  before  or  after,  or  partly  before  or  after  the  passage  of 
this  act;  provided,  however,  that  three-fifths  of  said  period  of  ser- 
vice shall  have  been  rendered  by  said  beneficiary  in  the  public  schools 
of  said  city  district  or  in  the  public  schools  of  the  county  in  which  said 
city  district  is  located.  The  term  "teacher"  under  this  act  shall  include 
all  superintendents  of  instruction,  principals,  special  teachers,  and  teachers . 


OHIO    SCHOOL    LAWS.  4^ 


City  Districts  of  the  First  Class.  Ch.  2. 

employed  by  said  board.  Any  female  teacher  shall  have  the  right  to  retire 
and  become  a  beneficiary  under  this  act  who  shall  have  taught  for  a  period 
aggregating  thirty  (30)  years,  whether  before  or  after,  or  partly  before  or 
after  the  passage  of  this  act,  and  any  male  teacher  shall  have  the  right  to 
retire  and  become  a  beneficiary  under  this  act  who  shall  have  taught  for 
a  period  aggregating  thirty-five  (35)  years,  whether  before  or  after,  or 
partly  before  or' after  the  passage  of  this  act;  provided  that  three-fifths 
of  said  term  of  service  shall  have  been  rendered  in  the  public  schools  of 
said  "city  district,  or  in  the  public  schools  of  the  county  in  which 
said  district  is  located.  Each  teacher  so  retired  or  retiring  shall 
be  entitled  during  the  remainder  of  his  or  her  natural  life  to  re- 
ceive as  pension  an  amount  equal  to  one-half  of  the  annual  salary 
paid  to  such  teacher  at  the  date  of  his  or  her  retirement,  said  pen- 
sion to  be  paid  monthly  during  the  school  year,  but  in  no  event 
shall  such  pension  paid  to  any  teacher  exceed  the  sum  of  six  hun- 
dred (600)  dollars  in  any  one  year;  provided  further  that  if  said 
pension  fund  shall  at  any  time  be  insufficient  to  meet  the  pensions  so 
provided  for,  that  during  the  period  that  such  fund  is  insufficient  to  make 
such  payments,  the  amount  in  said  fund  during  said  period  shall  be  pro- 
rated between  the  parties  entitled  thereto.  No  payment  shall  be  made  to 
any  beneficiary,  nor  shall  any  teacher  retired  or  retiring  be  entitled  to  any 
payment  under  the  provisions  of  this  act  prior  to  July  i,  1899.    (92  v.  683.) 

(3899-43)  Sec.  4.  [Power  of  board  over  fund.]  Said  board  of 
trustees  shall  have  the  power  to  use  both  the  principal  and  income 
of  said  fund  for  the  payment  of  the  pensions  herein  provided  for. 
(92  v.  683.) 

(3899-44)  Sec.  5.  [Clerk  of  board  of  education  to  report  amounts 
paid  into  fund.]  The  clerk  of  the  board  of  education  of  said  city  dis- 
trict shall  certify  monthly  to  said  board  of  trustees  all  amounts  de- 
ducted from  the  salaries  of  the  teachers  aforesaid,  which  amounts  as 
well  as  all  other  moneys  contributed  to  said  fund  shall  be  set  apart 
as  a  special  fund  for  the  purposes  herein  specified,  subject  to  the  order 
of  said  board  of  trustees.  All  moneys  belonging  to  said  fund  shall 
be  paid  only  on  the  order  of  said  board  of  trustees  entered  upon  its 
minutes  on  warrants  signed  by  the  president  and  secretary  of  said 
board.     (92  v.  683.) 

(3899-45)  Sec.  6.  [City  treasurer  made  treasurer  of  fund;  bond; 
compensation.]  The  city  treasurer  of  said  city  of  the  third  grade  of  the 
first  class  located  wholly  or  partly  in  said  city  district  shall  be  the  cus- 
todian of  said  pension  fund  and  shall  keep  the  same  subject  to  the  order, 
control  and  direction  of  said  board  of  trustees.  He  shall  keep 
books  of  account  concerning  said  fund  in  such  manner  as  may  be  pre- 
scribed by  said  board,  which  books  of  accounts  shall  always  be  subject 


44  OHIO    SCHOOL    LAWS. 


Ch.  2.  City  Districts  of  the  First  Class. 

(  — ' — ■ — 

to  the  inspection  of  said  board  of  trustees  or  of  any  member  thereof. 
Said  treasurer  shall  execute  a  bond  to  said  board  of  trustees  with  good 
and  sufficient  sureties  in  such  sura  as  said  board  of  trustees  shall  require, 
which  bond  shall  be  subject  to  the  approval  of  said  board  and  be  condi- 
tioned for  the  faithful  performance  of  his  duties  as  custodian  of  said  fund 
and  treasurer  of  said  board.'  He  shall  always  keep  and  truly  account  for 
all  moneys  and  profits  coming  into  his  hands  as  such  treasurer  belonging 
to  such  fund,  and  at  the  expiration  of  hjs  term  of  office,  shall  pay  over, 
surrender  and  dehver  to  his  successor  all  securities,  moneys,  and  other 
property  of  whatsoever  kind,  nature  and  description  which  may  be  in  his 
hands  or  under  his  control  as  treasurer  aforesaid.  Said  treasurer  shall 
be  paid  for  his  services  under  this  act  a  compensation  not  to  exceed  one 
per  cent,  annually  of  the  amount  paid  into  said  fund  during  the  year. 
(92  V.  683.) 

(3899-46)  Sec.  7.  [Death,  resignation  or  removal  for  cause  termi- 
nates interest  in  fund;  relief  may  be  afforded  in  case  of  accident  or 
sickness.]  The  death,  resignation  or  removal  of  any  teacher  for  cause 
as  aforesaid,  shall  terminate  all  interest  of  said  teacher  in  said  fund. 
but  it  shall  be  optional  with  the  board  of  trustees  of  said  pension  fund 
to  appropriate  monthly  to  any  teacher  who  has  become  disabled  by 
accident  or  sickness  to  such  an  extent  as  to  be  incapacitated  for  teach- 
ing, a  sum  not  to  exceed  one-half  of  said  teacher's  regular  monthly 
salary,  provided  that  said  teacher  shall  have  taught  at  least  ten  years 
in  the  public  schools  of  a  city  district  of  the  third  grade  of  the  first 
class,  and  providing  that  such  monthly  appropriation  shall  not  con- 
tinue for  a  longer  period  than  ten  months  or  one  school  year.  (92 
V.  683.) 

Sec.  3900.  [Where  certain  electors  to  vote;  plats  of  attached  ter- 
ritory.] An  elector  residing  in  the  city  district,  but  not  in  any  ward  of 
the  city,  shall  be  entitled  to  vote  in  the  ward  to  which  he  is  attached  by 
the  board  of  education  for  school  purposes ;  but  an  elector  residing  in 
the  city,  and  not  in  the  city  district,  shall  not  be  entitled  to  vote  at  any 
election  provided  for  in  this  chapter  ;  the  board  shall  ascertain  whether 
the  city  limits  arc  coextensive  with  the  limits  of  the  school  district; 
and  in  case  the  school  district  includes  territory  without  the  corporate 
limits,  the  board  shall  make  or  cause  to  be  made  a  plat  of  the  territory 
so  attached  for  school  purposes,  designating  thereon  by  metes  and 
bounds  the  ward  or  wards  to  which  such  attached  territory  is  to  be 
thereafter  assigned ;  which  plat  shall  be  recorded  as  a  part  of  the  pro- 
ceedings of  the  board.     (70  v.  195,  §§  10,  11.) 

Sec.  3901.  [Conduct  of  elections.]  The  election  provided  for  in 
section  thirty-eight  hundred  and  ninety-seven  (nine)  shall  be  conducted 
by  the  judges  and  clerks  of  the  city  elections,  and  they  shall  make 


OHIO   SCHOOL   LAWS.  45 


City  Districts  of  the  First  Class.  Ch.  2. 

returns  of  such  election  to  the  board  of  education  within  five  days 
from  the  time  of  holding  the  same.     (70  v.  195,  §  13.) 

Female  suffrage  in  school  elections;  see  Sec.  3970-10. 

For  conduct   of  elections;   see  notes   under   Sees.   3909,   3916,   and  3917. 

Sec.  3902.  [How  electors  on  attached  territory  to  cast  ballots.] 
The  judges  and  clerks  of  city  elections,  in  the  wards  to  which  any  terri- 
tory beyond  the  city  limits  has  been  attached  by  the  board  of  education 
for  school  purposes,  shall  have  two  separate  ballot-boxes  and  two  sets  of 
poll-books ;  the  electors  residing  on  such  attached  territory  may  vote  at 
all  regular  and  special  elections  in  such  wards  for  members  of  the  board 
of  education;  the  judges  of  election  in  such. wards  shall  receive  the  bal- 
lots of  the  electors  residing  on  such  attached  territory,  and  deposit  them 
in  the  ballot-box  provided  for  that  purpose ;  the  clerks  of  election  shall 
enter  upon  the  separate  poll-books  provided  for  that  purpose  the  names 
of  such  electors  so  voting ;  and  due  returns  of  such  elections  for  members 
of  the  board  shall  be  made  as  provided  by  section  tliirty  nine  hundred  and 
one.     (70  V.  195,  §  12.) 

Sec.  3903.  [Time  of  regular  meetings  of  boards  of  education; 
special  meetings,  etc.]  The  board  of  education,  except  in  cities  of  the 
first  class,  second  grade,  shall  hold  regular  meetings  once  every  two 
weeks.  In  cities  of  the  first  class,  second  grade,  said  board  shall  hold 
its  meetings  on  the  first  and  third  Monday  of  each  month  following 
the  third  Monday  of  April,  and  in  all  city  districts  of  the  first  class, 
said  board  may  hold  such  special  meetings  as  it  may  deem  necessary; 
it  may  fill  all  vacancies  that  occur  in  the  board  until  the  next  annual 
election,  and  may  make  such  rules  and  regulations  for  its  own  govern- 
ment as  it  may  deem  necessary ;  but  such  rules  and  regulations  must 
be  consistent  with  the  constitution  and  laws  of  the  state.  (1882, 
March  29;   79  v.  59;   Rev.  Stat.  1880;   70  v.  195,  §  14.) 

As  to  manner  of  filling  vacancies  in  board  of  education;  see  Sec.  3981. 
As  to  classification  of  cities;  see  Sees.  1547,  1.54S;  also  Sees.  38S6,   3887. 

(3903-1).  [Columbus:  power  of  school  board  to  donate  certain 
land  for  park  purposes.]  School  boards  in  cities  of  the  first  grade 
of  the  second  class  owning  land,  which  is  no  longer  used  for  school 
purposes,  adjoining  any  public  park,  may  convey  the  same  to  the  city 
or  county  owning  such  park,  and  in  which  such  land  is  situated,  to. 
be  held  and  used  ^s  a  part  of  said  park.     (84  v.  108.) 

See  Sec.  .S971. 

Canton  board  of  education,  number  and  election.    90  L.  L.,  450. 

Ironton  board  of  education  to  consist  of  two  from  each  ward.    85  v.  108. 


46 


OHIO    SCHOOL    LAWS. 


Ch.  3. 


City  Districts  of  the  Second  Class  and  Village  Districts. 


CHAPTER  3. 

CITY  DISTRICTS  OF  THE  SECOND  CLASS  AND  VILIvAGE  DISTRICTS. 


3904-1. 


3905. 
3906. 


3907. 


Section. 


3908. 
3909. 
3910. 
3911. 
3912. 

3913. 
3914. 


Election   in   village   districts. 

Notice   of   elections. 

Returns  to  be  made  to  board. 

How  membership  increased. 

How      village      may      become      village 

district. 
How   village    district    organized. 
Organization    of    board. 


Section. 

3904.        Membership  of  board  of  education. 

Members  of  board  of  education  in  vil- 
lage and  special  districts  in  Ham- 
ilton  county. 

Election  of  members   in   city  districts. 

Conduct  of  election  of  members  of 
board  of  education  in  city  districts, 
second  class. 

Election,  when  as  many  members  as 
wards. 

A  councilman  during  his  term  of  office  is  ineligible  to  the  office  of  a  member  of  a  board 
•of   education.    15    C.    C,    163. 

Sec.  3904.  [Membership  of  board  of  education.]  In  city  districts 
of  the  second  class,  and  in  village  districts,  the  board  of  education  shall 
-consist  of  six  members,  except  in  districts  organized  under  a  law  pro- 
viding for  only  three  members,  who  shall  have  the  qualifications  of  an 
elector  therein,  and  in  such  districts  the  membership  may  be  increased 
to  six,  in  the  manner  hereinafter  provided;  but  the  board  of  a  city  district 
of  the  second  class  may  provide,  by  a  vote  of  a  majority  of  its  members, 
that  the  board  shall  consist  of  as  many  rrjembers  as  the  city  has  wards; 
provided,  that  in  no  such  city  district,  the  number  of  members  com- 
posing such  board  shall  be  less  than  six.  (91  v.  87;  70  v.  195,  §§ 
16,  17.) 


93  v.  713 


Boards   of  education    in   village   districts   in   Greene  county,    constitution   and   election    of. 

•710  •  ' 

of  board  of  education  in  Fremont  by  districts  of  one  ward  each.    91  v.  511. 

(3904-1).  [Members  of  board  of  education  in  village  and  special 
districts  in  Hamilton  county.]  In  village  districts,  in  the  county  of 
Hamilton,  the  board  of  education  shall  consist  of  five  members,  except 
in  districts  organized  under  a  law^  providing  for  only  three  mem- 
bers, who  shall  have  the  qualification  of  an  elector  therein,  and  in 
such  districts  the  membership  may  be  increased  to  five,  and  only 
one  member  shall  be  chosen  at  the  next  annual  election  for  school 
officers,  to  serve  for  three  years;  and  annually  thereafter,  two,  ex- 
cept every  third  year,  when  only  one  judicious  and  competent  per- 
son shall  be  elected,  and  if  the  board  consists  of  three  members, 
one  such  person  shall  be  elected  each  year;  provided,  that  in  each 
special  district  in  said  county,  where  the  board  of  education  now 
consists  of  six  members,  there  shall  be  chosen  at  the  next  annual 
^election  for  school  officers  by  ballot  on  the  second  Monday  of  April, 
one  member  to  serve  for  three  years  and  annually  thereafter  two 
members  to  serve  for  three  years,  except  every  third  year,  when  only 
■  one  person  shall  be  .elected  to  serve  for  three  years;  five  days'  notice 


OHIO   SCHOOL   LAWS.  47 


City  Districts  of  the  Second  Class  and  Village  Districts.  Ch.  3. 

shall  be  given  of  such  election.  The  members  of  such  boards  now  in 
office  and  those  hereafter  elected  shall  serve  until  their  successors  are 
elected  anJ  qualified;  provided,  further,  that  the  first  election  under  this 
act  in  a  village  district  shall  not  take  place  until  the  first  Monday  of  April, 
1884.     (80  V.  310.) 

Sec.  (3<J04-1)  (cited  in  the  following  case  as  Sec.  8035-213,  being  its  number  in  Smith 
&  Benedict's  statutes)  is  an  exception  to  Sec.  3904,  7  C.  C,  1,  3. 

Sec.  390^.  [Election  of  members  in  city  districts.]  In  city  dis- 
tricts of  the  second  class,  except  such  as  are  mentioned  in  section 
thirty-nine  hundred  and  seven,  members  of  the  board  of  education 
shall  be  elected  annually,  to  serve  for  the  term  of  three  years  from 
the  third  Monday  of  April  succeeding  their  election,  and  until  the 
election  and  qualification  of  their  successors :  if  the  board  consists  of 
six  members,  two  judicious  and  competent  persons  shall  be  elected 
each  year ;  and  if  the  board  consists  of  three  members,  one  such  per- 
son shall  be  elected  each  year.     (75  v.  53,  §  18.) 

Female  suffrage  in   school  elections;   see  Sec.  3970-10. 

Supervision   and   conduct   of  ejections;   see   Sees.   2966-1   and   2966-13. 

Election  of  board  of  education   in   Defiance  and   Middletown.    91   v.   503. 

Sec.  3906.  [  Conduct  of  election  of  members  of  board  of  education 
in  city  districts,  second  class.]  If  the  boundaries  of  the  district  and 
[the]  city  are  identical,  or,  if  territory  has  been  detached  from  the  city  and 
attached  to  another  district,  the  election  shall  be  conducted  exclusively 
by  the  judges  and  clerks  of  the  city  election,  but  electors  residing  within 
the  bounds  of  such  detached  territory  shall  not  vote  thereat;  but  if  terri- 
tory outside  the  city  limits  is  attached  to  the  district,  an  election  shall 
also  be  held  for  the  same  purpose  in  the  township  from  which  it  was 
detached,  and  conducted  by  the  judges  and  clerks  of  the  township  elec- 
tion, but  only  electors  residing  within  the  bounds  of  such  territory  shall 
vote  thereat;  the  election  shall  be  held  at  the  same  time  and  places  as 
the  election  for  city  or  township  officers  shall  be  held ;  the  names  of  candi- 
dates for  such  member  shall  be  upon  separate  tickets,  and  all  such  tickets 
voted  shall  be  deposited  in  separate  ballot-boxes,  which  shall  be  provided 
by  the  board  of  education;  separate  poll-books  of  the  election  shall  be 
kept,  and  returns  of  the  election  shall  be  made  to  the  clerk  of  the  city 
which  constitutes  the  district.  (1886,  April  14:  83  v.  82;  82  v.  6; 
Rev.  Stat.  1880,  75  v.  53,  §  18.) 

Sec.  3907.  [Election  after  membership  increased.]  In  a  city 
district  of  the  second  class,  in  which  the  board  consists  of  as  many 
members  as  the  city  has  wards,  there  shall  be  elected  biennally. 
in  each  ward,  at  the  time  and  in  the  manner  provided  in  the  pre- 
ceding chapter  for  election  in  city  districts  of  the  first  class,  one 
competent  and  judicious  person  to  serve  as  a  member  of  the  board 


48  OHIO    SCHOOL    LAWS. 


Ch.  3 .  City  Districts  of  the  Second  Class  and  Village  Districts. 

for  two  years  from  the  third  Monday  of  April  succeeding  his  elec- 
tion, and  until  the  election  and  qualification  of  his  successor;  but 
at  the  first  election  after  it  is  decided  that  the  board  Shall  be  so 
constituted,  the  persons  elected  in  wards  designated  by  odd  numbers 
shall  serve  for  only  one  year  from  the  third  Monday  of  April  suc- 
ceeding their  election,  and  until  the  election  and  qualification  of  their 
successors;  and  the  board  shall  ascertain  the  limits  of  the  district,  assign 
attached  territory  to  wards,  and  make  and  record  a  plat  thereof,  as  pro- 
vided in  section  thirty-nine  hundred.  (75  v.  53,  §  18;  70  v.  195,  §  loi.) 
Sec.  3908.  [Election  in  village  districts.]  In  village  districts  mem- 
bers of  the  board  of  education  shall  be  elected  on  the  first  Monday 
of  April  annually,  to  serve  for  the  term  of  three  years  from  the  third 
Monday  of  April  succeeding  their  election,  and  until  the  election  and 
qualification  of  their  successors ;  if  the  board  consists  of  six  mem- 
bers, two  judicious  and  competent  persons  shall  be  elected  each  year, 
and  if  it  consists  of  three  persons,  one  such  person  shall  be  elected 
each  year  J  provided,  that  when  the  village  of  which  the  village  district 
is,  in  whole  or  in  part,  composed,  is  divided  into  wards  or  voting  pre- 
cincts, the  election  for  members  of  the  board  of  education  shall  be 
held  in  each  of  such  wards  or  precincts ;  but  all  the  members  shall  be 
elected  at  large'  by  the  electors  of  the  district,  and  voters  residing  in 
such  wards  or  precincts  who  are  also  residents  of  the  school  district, 
shall  vote  for  member  of  the  board  of  education  in  the  ward  or  pre- 
cinct in  which  they  reside.  The  election  for  members  of  the  board 
of  education  in  such  wards  or  precincts  shall  be  held  by  the  same  judges 
and  clerks  provided  for  the  municipal  or  township  election,  and  returns  of 
such  election,  duly  certified  as  in  other  cases,  shall  be  made  within  five 
days  to  the  ,clerk  of  the  board  of  education  of  any  such  district.  (91  v. 
121;   88  V.  494;    75  V.  53,  §   18.) 

Conduct  of  elections;   see  notes  under   Sees.   3909,   3916,    and   3917. 

Conduct  of  elections  in  villages  of  less  population  than  dtK),  situated  in  two  or  more 
counties;    see  Sec.  2926C-1,  R.  S. 

The  inhabitants  of  the  village  district  and  not  those  of  the  village  itself  can  vote.  4  C. 
C,    72,    75. 

Sec.  3909.  [Notice  of  elections.]  The  clerk  of  the  board  of  edu- 
cation of  each  city  district  of  the  second  class,  and  of  each  village  district, 
shall  publish  a  notice  of  the  election  and  meeting  provided  for  in  the 
preceding  sections,  in  a  newspaper  of  general  circulation  in  the  district, 
or  post  written  notices  of  such  meeting  in  five  of  the  most  public  places, 
in  the  district,  at  least  ten  days  before  the  holding  of  the  same,  which 
notice  shall  specify  the  time  and  place  of  the  election  or  meeting  and  the 
number  of  members  to  be  elected.     (75  v.  53  19.) 

The  omission  of  the  sheriff  [clerk]  to  mention  in  his  notice  one  of  the  vacancies  to  be 
filled  is  not  conclusive  evidence  of  the  invalidity  of  the  election.  Taken  in  connection  with 
other  circumstances/  it  is  competent  evidence  of  fraud  or  conspiracy.    15  O.   S.,   137;  26  O.   S., 


OHIO    SCHOOL   LAWS.  49 


City  Districts  of  the  Second  Class  and  Village  Districts.  Ch.  3. 

216.  But  if  the  sheriff  [clerk]  fails  to  give  such  notice  for  one  of  the  vacancies  to  be  filled, 
and  in  consequence  of  such  neglect,  only  a  small  minority  of  the  electors  present  vote  for 
a   person    to   fill   such   vacancy,    such   election    is   irregular   and    invalid.     15   O.    S.,    532. 

.McCrary  on  Elections,  {  135,  says:  "It  must  be  conceded  that  time  and  place  are  of 
the  substance  of  every  election,  while  many  provisions  which  appertain  to  the  manner  of 
conducting  an  election  may  be  directory  only.  [Dickey  v.  Hulburt,  5  Cal.,  343.]  But  it 
does  not  follow  that  due  notice  of  time  and  place  of  holding  an  election  is  always  essential 
to  its  validity.  Whether  it  is  so  or  not  depends  upon  the  question  whether  the  want  of  due 
notice  has  resulted  in  depriving  any  portion  of  the  electors  of  their  rights."  13  N.  Y.,  360; 
12  .Mich.,   508;  see  also  Foster  v.  Scarf,   15,   O.   S.,   532. 

The  general  rule  in  computation  of  time  within  which  an  act  is  to  be  done  is  to  exclude 
the  first  day  and  include  the  last.    16  O.  S.,  2«J,  209. 

If  an  emergency  should  occur,  making  it  necessary  to  change  the  place  of  holding  the 
election  after  the  regular  notice  has  been  given,  and  if  such  notice  is  given  as  would  leave 
no  excuse  for  not  voting  on  account  of  the  change,  the  election  would  not  be  invalidated  hj 
such  change.    78  Illinois.  171. 

Sec.  3910.  [Returns  to  be  made  to  board.]  The  secretary  of  the 
meeting  or  clerks  of  elections  in  village  districts  provided  for  in  this 
chapter  shall  Iceep  a  poll-book  aad  tally-sheet,  and  return  the  same  within 
five  days  after  the  election  to  the  clerk  of  the  board  of  education  of  the 
district,  duly  certified.     (75  v.  53,  §  20.) 

Sec.  391 1.  [How  membership  increased.]  When  the  electors  of  a 
city  district  of  the  seconcj  class,  or  of  a  village  district,  the  board  of  edu- 
cation of  which  consists  of  three  nuembers,  desire  that  the  board  shall 
consist  of  six  members,  they  may  make  such  change  in  the  manner  fol- 
lowing: Written  or  printed  notices  shall  be  posted  in  at  least  five  of  the 
most  public  places  in  the  district,  at  least  ten  days  prior  to  the  day  desig- 
nated therein,  signed  by  a  majority  of  the  members  of  the  board  of 
education,  or  by  one  member  of  the  board  and  at  least  ten  resident  elec- 
tors of  the  district  requesting  the  qualified  eleAors  of  the  district  to 
assemble  on  a  day,  and  at  an  hour  and  a  place,  to  be  designated 
therein,  then  and  there  to  vote  for  or  against  such  change;  the  elec- 
tors, when  assembled  in  accordance  with  the  notice,  shall  appoint  a 
chairman  and  two  clerks,  who  shall  be  judges  of  the  election ;  the 
electors  in  favor  of  the  proposed  change  shall  have  written  or  printed 
upon  their  ballots  the  words,  "Board  —  change,"  and  those  op- 
posed thereto  the  words  "Board  —  no  change,"  and  the  ballots  cast 
shall  determine  the  question  whether  the  change  shall  be  made;  the 
judges  shall  make  due  return  of  the  election  to  the  board  of  education 
of  the  district,  within  ten  days  after  the  holding  of  the  same;  and  if  a 
majority  of  the  votes  cast  be  found  to  be  in  favor  of  the  change,  three 
additional  members  of  the  board  shall  be  chosen  at  the  next  annual' 
election  for  school  officers,  ©ne  to  serve  for  ope  year,  one  for  two  ye,ars, 
and  one  for  three  years,  and  annually  thereafter  two  members  of  the  board 
shall  be  chosen  to  serve  for  three  years,  as  provided  in  section  thirty- 
nine  hundred  and  five.     (70  v.  195,  §  21.) 


4    S.  L. 


50  OHIO    SCHOOL    LAWS. 


Ch.  3.  City  Districts  of  the  Second  Class  and  Village  Districts. 

Sec.  3912.  [How  village  may  become  village  district.]  When  the 
electors  of  a  village  desire  to  erect  it  into  a  village  district,  they  may 
proceed  in .  the  following  manner :  Written  or  printed  notices,  signed 
by  not  less  than  five  electors,  resident  of  the  village,  shall  be  posted,  at 
least  ten  days  prior  to  the  day  designated  therein  in  at  least  five  of  the 
most  public  places  within  the  village,  requesting  the  electors  thereof  to 
meet  for  the  purpose  of  voting  on  the  question  of  establishing  a  village 
district,  on  a  day,  and  at  an  hour  and  a  place,  to  be  designated  in  the 
notices ;  the  meeting  shall  be  held  within  the  limits  of  the  village,  be- 
tween the  hours  of  six  o'clock  a.  m.  and  six  o'clock  p,  m.,  and  the  polls 
shall  be  kept  open  at  least  six  hours;  the  electors,  when  assembled  in 
accordance  with  the  notice,  shall  appoint  a  chairman  and  tAvo  clerks, 
who  shall  be  judges  of  the  election ;  the  electors  in  favor  of  the  proposed 
village  district  shall  have  written  or  printed  on  their  ballots  the  words, 
"Village  district,  yes,"  and  those  opposed  thereto  the  words,  "Village 
district,  no,"  and  the  votes  cast  shall  determine  the  question  whetl^r 
such  village  district  shall  be  established ;  if  a  majority  of  the  votes  cast 
at  such  election  be  opposed  to  the  establishment  of  such  village  district, 
the  question  of  establishing  the  same  shall  not  again  be  submitted  to 
the  electors  of  the  village  until  the  succeeding  regular  annual  election 
for  village  officers,  and  then  only  upon  notice  being  given  as  above 
provided ;  and  if  a  majority  of  the  votes  cast  at  such  election  be  in 
favor  of  the  establishment  of  such  district,  the  village  may  be  organ- 
ized as  a  village  district  in  the  manner  provided  in  the  next  two 
sections.     (74  v.  140,  ^4.) 

Division  of  township  school  funds  upon  the  creation  of  special  and  village  districts; 
see  Sec.  39460. 

A  township  high  school  does  not  pass  to  a  village  incorporated  out  of  the  territory  in- 
cluding it  by  reason  of  a  general  saving  clause  in  the  act  of  1873.    41   O.   S.,  680. 

Notices   of   election;    see   notes    under    Sec.    3909. 

Under  the  act  of  March  14,  1853  (51  v.  429),  when  an  incorporated  village  was  formed 
within  or  to  include  a  material  portion  of  a  sub-district,  no  portion  thereof  is,  by  reason 
of  such  incorporation,  withdrawn  from  the  school  jurisdiction  of  the  township,  btit  the  whole 
continues  to  be  a  sub-district  until  the  actual  election  or  appointment  of  a  separate  school 
board,  and  the  portion  of  a  sub-district  not  included  within  the  limits  of  such  incorporated 
village,  is  "territory  annexed  for  school  purposes"  within  the  meaning  of  the  act.    21  O.  S.,  339. 

Sec.  3913.  [How  village  district  organized.]  Written  or  printed 
notices,  signed  by  not  less  than  five  electors  residing  within  the  limits  of 
the  village,  shall  be  posted  in  at  least  five  of  the  most  public  places 
therein,  requesting  the  electors  of  the  village  to  meet  for  the  purpose 
of  electing  a  board  of  education  for  such  proposed  village  district,  on 
a  day,  and  at  an  hour  and  a  place,  designated  in  the  notices,  which 
notices  shall  be  posted  at  least  ten  days  prior  to  the  day  designated  in 
them  for  such  meeting ;  the  electors,  when  assembled  in  accordance  with 
the  notice  shall  appoint  a  chairman  and  two  clerks,  who  shall  be  judges 
of  the  election,  and  shall  then  choose  by  ballot  six  competent  and  judicious 


OHIO   SCHOOL   LAWS.  51 


City  Districts  of  the  Second  Class  and  Village  Districts.  Ch.  3. 

persons  to  serve  as  members  of  the  board  of  education  of  the  proposed 
district  —  two  to  serve  for  one  year,  two  to  serve  for  two  years  and 
two  to  serve  for  three  years,  from  the  third  Monday  of  April  next 
preceding  the  organization  of  the  district,  and  until  the  election  and 
qualification  of  their  successors ;  but  if  the  election  be  held  on  the  day 
of  the  annual  election  of  school  officers,  there  shall  be  elected  two  per- 
sons to  serve  for  one  year,  two  for  two  years,  and  two  for  three  years 
from  the  third  Monday  of  April  succeeding  their  election  and  until  the 
election  and  qualification  of  their  successors.     (71  v.  55,  §  5.) 

Sec.  3914.  [Organization  of  board.]  If  such  election  be  held  on 
the  first  Monday  of  April,  the  board  elected  thereat  shall  organize  at 
the  time  and  in  the  manner  provided  in  section  thirty-nine  hundred  and 
eighty;  but  if  the  election  be  held  at  any  other  time,  the  board  shall 
organize  on  the  next  Monday  thereafter,  and  in  the  same  manner.  (71 
V.  55.  §6.) 


52 


OHIO    SCHOOL    LAWS. 


Ch.  4. 


Township  and  Special  Districts. 


CHAPTER  4. 

TOWNSHIP  AND   SPECIAL  DISTRICTS. 


Section. 

3915.        Township    board     of    education;     how 
constituted   and   organized. 

Directors;  first  election;  classes;  sub- 
directors;  election;  terms;  subse- 
quent elections. 

Notice  of  election;  designation  of 
office  to  be  filled;  election,'*  where 
held;   judges'   oath. 

Board  of  sub-directors;  record  of  pro- 
ceedings; sessions;  notice  of  /neet-\ 
ing  to  elect  teachers. 

Repealed. 

Regular  and  special  session;  how 
special  sessions  called;  standing 
committees;  duties  oi  committees.; 
action  of  committee  not  binding. 

Map  of  township  district;  suspension 
of  school  in  sub-district ;  convey- 
ance of  pupils  to  other  district; 
cost;    change   of   sub-districts. 

Centralization    defined. 

Submission  of  question  of  centraliza- 
tion to  vote,  compulsory  on  peti- 
tion. 

Conduct   of  elections. 

Issue  of  bonds  to  be  submitted  to 
vote. 


3916. 


3917. 


3918. 


3919, 
3920, 


3921. 


3921-1, 
3921-J 


3921-3. 
3921-4. 


Section. 

3921-5.     Reorganization    of   board   of  education 
in    centralized    townships. 

Prior  existing  board  abolished;  its 
successor. 

Township  clerk  and  treasurer  ex- 
officio  members  of  board;  laws  gov- 
erning   board. 

Graded  course  of  instruction  required; 
high  school ;  transportation  of  pu- 
pils. 

Elec^tion.in  new  sub-district;  notices i 
election,  ^how  conducted;  term  of 
director;  term  of  Sub-directors  de- 
termined by  lot;  term  of  directors 
atrd  sub-directors  of  consolidated 
districts    terminate. 

Board  of  special  district,  how  consti- 
tuted,   and   how   increased. 

Election   of  menibers. 

Notice    and    conduct    of    election. 

How  special  or  village  district  aband- 
oned; withdrawal  of  sub-districts 
from   special    districts. 

Election  when  special  district  aband- 
oned; property  in  custody  of  clerk; 
notice  to  county  auditor;  property 
in  custody  of  treasurer;  unfinished 
business; -debts;    special  tax. 


3921-^. 


3921-7. 


3921-8. 


3922. 


3923. 

3924. 
3925. 
3926. 


3927. 


As  to  schools  of  higher  grades;  see  .Sec.  4009. 

In  case   of  change  or  annexation;   see   Sec.   3893. 

As  to  joint  township  high   school   district;   see   Sees.   3928,   3929. 

To  empower  township  boards  of  education  to  establish  township  or  joint  township  high 
schools  and  to  discontinue  snb-district  schools  when  too  small  to  justify  continuance;  see  Sec. 
4009-15. 

Graduating  examinations  of  pupih  from  sub-districts  and  special  districts;  see  Sec.  4029-1. 

TOWNSHIP  DISTRICTS. 
Election  of  teachers   in   sub-districts;   see   Sec.   4017. 
See  note  under  Sec.  3912,   21  O.  S.,  339. 

Sec.  3915.  [Township  board  of  education;  how  constituted  and 
organized.]  The  board  of  education  of  each  township  district  divided 
into  subdistricts  shall  consist  of  the  township  clerk,  and  one  director 
elector  [elected]  for  a  term  of  three  years  for  each  subdistrict;  such 
board  shall  organize  on  the  third  Monday  in  April  of  each  year  by 
electing  one  of  its  members  president.  The  clerk  of  the  township  shall 
be  ex-officio  the  clerk  of  the  board,  but  shall  have  no  vote  except  in 
cases  of  a  tie.  (90  v.  45 ;  89  v.  93 ;  70  v.  195,  §§  26,  39 ;  70  v.  241, 
§44;   S.  &C.  1350.) 

Quo  warranto  is  the  proper  remedy  to  try  a  title  to  an  office.    57  O.   S.,   371. 

Sec.  3916.  [Directors;  first  election.]  There  shall  be  elected  by 
ballot  on  the  second  Monday  of  April,  1893,  in  each  subdistrict,  by  the 


OHIO   SCHOOL    LAWS.  53 


Township  and  Special  Districts.  Ch.  4. 

qualified  electors  thereof,  one  competent  person,  having  the  qualifica- 
tions of  an  elector  therein  to  be  styled  director. 

[Classes.]  Those  elected  shall  be  divided  upon  the  third  Monday 
of  April  thereafter  by  lot,  into  three  classes  as  nearly  equal  as  pos- 
sible ;  the  directors  of  the  first  class  shall  serve  for  the  term  of  one  year, 
the  directors  of  the  second  class  for  two  years,  and  the  directors  of  the 
third  class  for  three  years. 

[Subdirectors;  election;  terms.]  And  there  shall  be  elected  on 
the  second  Monday  of  April,  1898,  in  each  subdistrict,  by  the  qualified 
electors  thereof,  two  competent  persons,  having  the  qualifications  of 
electors  therein,  to  be  styled  subdirectors.  In  all  subdistricts  where  di- 
rectors are  elected  in  1898,  one  subdirector  shall  be  elected  for  the  term 
of  one  year,  and  one  for  the  term  of  two  years ;  in  all  subdistricts  where 
directors  shall  be  elected  in  1899,  one  subdirector  shall  be  elected  for 
the  term  of  two  years,  and  one  for  the  term  of  three  years,  and  in  all 
subdistricts  where  directors  shall  be  elected  in  1900,  one  subdirector 
shall  be  elected  for  the  term  of  one  year,  and  one  for  the  term  of 
three  years. 

[Subsequent  elections.]  All  elections  of  directors  or  subdirectory 
thereafter  shall  be  held  on  the  second  Monday  of  April,  and  all  directors 
or  subdirectors  shall  serve  until  their  successors  are  elected  and  qualified. 
(93  V.  45;   89  V.  93;   75  V.  81,  §  27;    S.  &  C.  1347.) 

Australian   ballot  law  does  not  apply;   sec   Sec.   2966-13. 

Vacancies   in   office  of  sub-director;   see  Sec.  3981. 

When  the  legislature  has  fixed  by  law  the  time  for  holding  an  election  of  officers,  an 
«lection  at  any  other  time,  unless  provided  for  by  law,  is  unauthorized  and  void.    20  O.  S.,  1Q7. 

When  candidates  for  different  terms  are  running  for  the  office  of  director,  the  term 
«ach  is  to  serve  should  be  designated  on  the  ballots  and  such  designation  cannot  be  disre- 
garded by  the  judges  of  election.    20  O.   S.,   336. 

The  term  of  office  of  a  director  is  three  years;  a  sub-director  never  becomes  director 
by  virtue  of  his  office.     Com. 

Sec.  3917.  [Notice  of  election.]  The  director  of  each  subdistrict 
shall  post  written  or  printed  notices  in  three  or  more  conspicuous  places 
in  his  subdistrict  at  least  six  days  prior  to  the  election,  designating  the 
day  and  hour  of  opening,  and  the  hour  of  closing  the  election. 

[Designation  of  office  to  be  filled.]  And  he  shall  also  designate 
whether  a  director  or  subdirector  shall  be  elected. 

[Election,  where  held.]  The  election  shall  be  held  at  the  usual 
place  of  holding  school  meetings  in  the  subdistrict. 

[Judges;  oath.]  The  meeting  shall  be  organized  by  appointing  a 
chairman  and  secretary,  who  shall  act  as  judges  of  the  election  under 
oath  or  affirmation,  which  oath  or  affirmation  may  be  administered  by 
the  director  of  the  subdistrict,  or  any  other  person  competent  to  admin- 
ister such  an  oath  or  affirmation,  and  the  secretary  shall  keep  a  poll- 
book  and  tally-sheet,  which  shall  be  signed  by  the  judges,  and  delivered 


54  OHIO   SCHOOL   LAWS. 


Ch.  4.  Township  and  Special  Districts. 

within  live  days  to  the  clerk  of  the  township.  (93  v.  45;  89  v.  93; 
'jy  V.  63;  Rev.  Stat.  1880;  70  v.  195,  §  28;  75  v.  81,  §  27.) 

When  judges  and  clerks  df  election  fail  to  sign  poUbooks  and  tallysheets,  to  fill  up 
blanks  in  the  caption,  or  to  carry  out  the  aggregate  votes,  such  omissions  and  mistakes 
may  be  corrected  upon  the  trial  of  a  contest,  by  parol  evidence,  and  when  so  corrected,  the 
documents,  sustained  by  the  parol  proof,  are  competent  evidence  of  the  result  of  the  election. 
16  O.   S.,   184. 

The  evident  intent  of  the  law.  requires  that  when  the  polls  are  once  opened,   they  should 
be  kept  open   until  the  hour  prescribed  for  finally  closing;   but  the   statute   on   the  -conduct  of 
elections,    section   2929,    is   said   to   be   directory,    and   if   so,    "a   departure    from    its    strict    ob 
servance  will  not  necessarily  invalidate  an  election,  where  no  fraud  has  been  practiced  and  no 
substantial   right  violated."    19   O.    S.,    25. 

The  officers  of  an  election  board  cannot,  after  dissolving  the  board  and  dispersing,  re- 
turn and  perform  any  official  act  regarding  such  election.  When  they  have  dispersed,  they 
cease  to  be  officers  of  the  election— are  functi  officio.    21  O.  S.,  216;  14  O.  S.,  315. 

PoUbooks  duly  certified  and  returned  are  prima  facie  evidence  of  the  truth  of  their 
contents,  but  this  presumption  will  be  rebutted  by  proof  that  they  are  fraudulent  and  fictitious 
to  such  an  extent  as  to  render  them  wholly  unreliable.    26  O.  S.,  549. 

Quo  warranto  will  lie  where  no  provision  for  a  contest  is  made  by  law — as  was  the  case 
in  the  election  of  school  directors  against  the  respondent,  whom  the  board  recognized,  and 
the  fact  that  the  relator  has  received  a  certificate  is  not  conclusive.    8  Rec. ,  432;  4  B.,  1065. 

A  person  voted  for  under  the  name  of  E.  H.  Smith,  whose  name  is  H.  E.  Smith,  there 
being  no  such  man  as  E.  H.  Smith,  should  have  the  votes  counted,  if  the  judges  are  satisfied 
that  the  person   H.    E.   Smith   was  intended.     II   W.   L.    M.,    589. 

In  case  a  candidate  receiving  the  highest  number  of  votes  at  an  election  is  ineligible, 
the  next  highest  candidate  is  not  elected.    13  Cal.,   145;  38  Maine,  597;  1  Chandler,  Wis.,  117. 

McCrary  on  Elections,  section  184:  "The  safe  rule  probably  is  that  where  an  election 
board  are  found  to  have  willfuly  and  deliberately  committed  a  fraud,  even  though  it  affect 
a  number  of  votes  too  small  to  change  the  result,  it  is  sufficient  to  destroy  all  confidence  in 
their  official  acts,  and  to  put  the  party  claiming  anything  under  the  election  conducted  by 
them,  to  the  proof  of  his  votes,  by  evidence,  other  than  the  returns."  Sec  Judkins  v.  Hill, 
60  N.  H.,  140;   Knox  Co.  v.   Davis,  63  III.,  405;  Russell  v.   State  11  Kan.,  308." 

Receiving  illegal  or  improper  votes  will  not  alone  vitiate  an  election.  It  must  be  shown 
affirmatively,  in  order  to  overturn  the  declared  result  that  the  wrongful  action  changed  it. 
Dillon   on   Municipal   Corporations,   261. 

Sec.  3918.     [Board  of  subdirectors;  record  of  proceedings.]    The 

directors  and  subdirectors  of  each  district  shall  constitute  the  board  of 
directors,  two  of  whom  shall  constitute  a  quorum,  and  at  the  meetings 
of  which  the  director  shall  preside,  and  record  their  proceedings  in  a  book 
that  shall  be  provided  for  that  purpose  by  the  board  of  education,  to- 
gether with  the  minutes  of  the  proceedings  of  the  annual  school  meet- 
ings held  in  the  subdistrict  by  the  electors  thereof,  which  shall  be  a  public 
record;  all  such  proceedings  when  so  recorded  shall  be  signed  by  the 
director;  if  the  director  be  absent,  either  of  the  subdirectors  may  officiate 
in  his  place. 

[Sessions.]  The  board  of  subdirectors  shall  hold  regular  sessions 
on  the  third  Saturday  of  April  and  August,  and  may  meet  as  frequently 
as  they  deem  necessary  for  the  purpose  of  electing  teachers. 

[Notice  of  meeting. to  elect  teachers.]  But  no  teacher  shall  be 
elected  at  a  meeting  of  which  due  notice  has  not  been  given  to  each 
member  of  the  board  of  subdirectors.  either  personally,  or  by  writ- 
ten notice  left  at  his  residence  or  usual  place  of  business.  (93  v.  46;  90 
V.  76;  89  V.  97;  70  V.  195,  §  28;   S.  &  C,  1347) 

Sec.  4017  places  the  final  election  and  employment  of  teachers  in  the  hands  of  the  town- 
ship board  of  education.    Cora. 


OHIO   SCHOOL   LAWS.  55 


Township  and  Special  Districts.  Ch.  4. 

Sec.  3919.     [How  vacancies  in  board  filled.)     Repealed,  90  v.  76. 

See  Sec.  31«S1. 

Sec.  3920.  [Regular  and  special  sessions.]  The  board  of  educa- 
tion shall  hold  regular  sessions  on  the  third  Monday  of  April,  June, 
August,  October,  December  and  February,  at  th6  usual  places  of  hold- 
ing township  elections,  or  at  such  place  in  the  immediate  vicinity  thereof 
as  may  be  convenient,  for  the  transaction  of  business,  and  may  adjourn 
from  time  to  time,  or  hold  special  meetings  at  any  other  time  or  place 
within  the  township,  as  it  deems  desirable,  for  the  transaction  of  busi- 
ness ;  » 

[How  special  sessions  called.]     Which  special  meeting  may  be^ 
called  by  the  township  clerk,  by  the  president  of  the  board,  or  by  two 
or  more  members  of  the  bgard,  but  each  mernber  of  the  board  must  be 
duly  notified  thereof  personally,  or  by  written  notice  left  at  his  residence 
or  usual  place  of  business. 

[Standing  committees.]  The  president  of  each  board  of  educa- 
tion at  the  annual  meeting  on  the  third  Monday  in  April  shall  appoint 
at  least  three  standing  committees,  to  be  styled  respectively:  (i) 
committee  on  teachers  and  text  books ;  (2)  committee  on  buildings 
and  grounds;  (^)  committee  on  supplies;  and  he  may  appoint  such 
other  committees  as  may  be  deemed  expedient. 

[Duties  of  committees.]  It  shall  be  the  duty  of  the  committee  on 
teachers  and  text  books  to  consider  the  certificates  of  elections  of  teachers 
filed  by  the  board  of  subdirectors  to  recommend  such  changes  in 
text  books  or  course  of  study,  or  addition  to  school  libraries  as  may  be 
desired  from  time  to  time;  it  shall  be  the  duty  of  the  committee  on 
buildings  and  grounds  to  have  an  immediate  oversight  of  all  buildings, 
heating  apparatus,  furniture,  school  sites  and  repairs,  and  shall  make 
reports  in  reference  to  the  same  from  time  to  time  to  the  board  of  edu- 
cation; it  shall  be  the  duty  of  the  committee  on  supplies  to  consider  all 
matters  relating  to  fuel  and  ordinary  supplies  i^sed  by  the  schools  of 
the  township  and  make  reports  to  the  board  of  education  from  time  to 
time. 

[Action  of  committee  not  binding.]  But  no  act  of  any  standing 
committee  shall  be  binding  on  the  board  of  education  without  its  approval. 
(93  V.  46;  89  V.  93;  86  V.  346;  Rev.  Stat.  1880;  70  v.  195,  §  31.) 

Power  given  to  districts  in  Stark,  Ashtabula  and  Portage  counties  to  suspend  schools 
and  fansfer  pupils  to  other  districts.    92  v.  697. 

When  the  statute  requires  a  particular  kind  of  notice,  no  other  notice  can  be  substituted 
and  satisfy  the  terms  6f  the  statute;  a  notice  sent  by  mail  does  not  comply  with  the  provisions 
of   this   section.    Attorney   General. 

Teachers  can  ^e  elected  at  special  meetings.    Com. 

The  adjourned  meetings  of  a  regular  session  are  regular  meetings.    Cora. 

Sec.  3921.  [Map  of  township  district,]  A  map  of  each  township 
district  shall  be  prepared  by  the  board,  as  often  as  it  may  be  necessary. 


66  .  OHIO    SCHOOL    LAWS. 


Ch.  4.  Township  and  Special  Districts. 

in  which  shall  be  designated  the  numbers  and  boundaries  of  the  sub- 
districts  thereof ; 

[Suspension  of  school  in  subdistrict;  conveyance  of  pupils  to 
other  district;  cost.]  The  board  may  at  any  regular  session,  increase 
or  diminish  the  number,  or  change  the  boundaries  of  subdistricts,  or 
may,  when  in  its  opinion,  it  will  be  for  the  best  interests  of  the  pupils 
in  any  subdistrict,  suspend  the  school  in  such  subdistrict,  and  shall  pro- 
vide for  the  conveyance  of  said  pupils  to  such  other  district  or  districts 
as  may  be  most  convenient  for  them,  the  cost  of  such  conveyance  to  be 
paid  out  of  the  contingent  fund  of  said  district ; 

[Change  of  subdistricts.]  And  any  such  subdistrict  which  may 
be  established  by  act  of  the  general  assembly  shall  be  governed  by  the 
provisions  of  this  title,  except  that  it  cannot  be  changed  or  consolidated 
by  the  board  within  three  years  after  its  formation,  unless  the  written 
consent  of  two-thirds  of  the  electors  residing  in  the  territory  affected  by 
such  change  is  obtained.     (93  v.  85;    75  v.  120,  §  32  [§  20].) 

The  term  "sub-district,"  as  used  in  section  1  of  this  supplementary  act  of  April  9,  1867 
(64  V.  117),  does  not  include  the  subordinate  territorial  divisions  of  separate  school  districts 
into  which  a  city  or  village  may  be  subdivided,  but  applies  exclusively  to  township  or  county 
sub-districts.    19   O.    S.,    577. 

Under  this  section  the  schools  of  a  township  can  be  centralized  without  submitting  the 
question  to  the  electors  of  the  district.    Com. 

(3921-1)  Sec.  I.  [Centralization  defined.]  For  the  purposes  of 
this  act  the  .word  "centralization"  is  hereby  defined  as  a  system  of 
schools  in  a  township  providing  for  the  abolishment  of  all  subdistricts 
and  the  conveyance  of  pupils  to  one  or  more  central  schools.     (94 

V.  317.) 

(3921-2)  Sec.  2.  [Submission  of  question  of  centralization  to  vote, 
compulsory  on  petition.]  A  township  board  of  education  may  submit 
the  question  of  centralization,  and  upon  the  petition  of  not  less  than  one- 
fourth  of  the  qualified  electors  of  such  township  district,  must  submit  such 
question  to  a  vote  of  the  qualified  electors  of  such  township  district,  and 
if  more  votes  are  cast  "in  favor  of  centralization  than  against  it,  at  such 
election,  it  shall  then  become  the  duty  of  the  board  of  education,  and 
such  board  of  education  is  required  to  proceed  at  once  to  the  centrali- 
zation of  schools  of  the  township  and  if  necessary,  purchase  a  site  or 
sites  and  erect  a  suitable  building  or  buildings  thereon  ;  provided,  that 
if,  at  the  said  election,  more  votes  are  cast  against  the  proposition  for 
centralization  than  for  it,  the  question  shall  not  again  be  submitted  to 
the  electors  of  said  township  district  for  a  period  of  two  years.     (94  v. 

317-) 

(3921-3)  Sec.  3.  [Conduct  of  elections.]  All  elections- ordered  by 
a  board  of  education  in  pursuance  of  section  two  of  this  act  shall  be  held 
at  the  usual  place  or  places  of  holding  township  elections,  at  a  regular  or 
special  election,  as  may  be  determined  by  the  board  and  notice  shall  be 


OHIO    SCHOOL    LAWS.  o7 


Township  and  Special  Districts.  Ch.  4. 

gfiven  and  the  election  conducted  in  all  respects  as  provided  by  law  for 
the  election  of  township  officers,  and  the  ballots  shall  have  printed  there- 
on: "For  centralization  —  Yes."  "For  centralization  —  No."  (94  v. 
317) 

Women  cannot  vote  at  such  elections.    Com. 

(3921-4)  Sec.  4.  [Issue  of  bonds  to  be  submitted  to  vote.] 
Should  the  board  of  education  deepi  it  necessary  to  issue  bonds  to  pur- 
chase a  site  or  sites  or  erect  a  building  or  buildings  for  the  purposes 
of  such  centralization,  then  the  election  shall  be  conducted  as  provided 
in  section  three  of  this  act,  but  in  such  case  the  ballots  shall  have  printed 

thereon:     "For  levying  a  tax  to  purchase  site   (or  sites)   and 

erect building  (or  buildings)  for  the  centralization  of  schools  at 

a  cost  not  to  exceed  $ ,  yes,"     "For  levying  a  tax  to  purchase 

site  (or  sites)  and  erect building  (or  buildings)  for  the 

centralization  of  schools  at  a  cost  not  to  exceed  $ ,  no,"  and  if 

more  votes  are  cast  in  favor  of  levying  said  tax  for  said  purpose  than 
against  said  proposition,  at  such  election,  it  shall  be  the  duty  of  the  said 
board  of  education,  and  the  board  of  education  is  authorized  to  issue 
bonds  and  sell  the  same  as  provided  by  law  and  to  levy  a  special  tax 
to  provide  for  the  payment  of  the  same  together  with  interest  thereon ; 
provided,  said  levy  shall  not  in  any  one  year  exceed  five  mills  on  the 
dollar  valuation  and  said  bonds  shall  not  bear  more  than  six  per  cent, 
interest  and  shall  not  be  sold  at  less  than  their  face  value.     (94  v.  317.) 

Women   cannot   vote   at   such   elections.    Com. 

(3921-5)  Sec.  5.  [Reorganization  of  board  of  education  in  cen- 
tralized townships.]  In  a  township  district  in  which  proceedings  have 
been  had  under  the  preceding  sections  of  this  act  and  the  vote  has  been 
favorable  for  centralization,  there  shall  be  an  election  held  on  the  next 
succeeding  first  Monday  of  April  for  the  election  of  a  board  of  educa- 
tion consisting  of  five  members  elected  at  large  in  said  township  dis- 
trict; one  of  whom  shall  serve  for  three  years,  two  for  two  years  and 
two  for  one  year ;  and  two  members  shall  be  elected  annually  thereafter 
for  a  term  of  three  years,  except,  every  third  year  but  one  shall  be  elected 
for  three  years.  Said  election  shall  be  held  at  the  annual  voting  place 
or  places  in  said  township,  by  the  regular  election  officers  and  shall  be 
conducted  in  all  respects  as  provided  by  law  for  the  election  of  town- 
ship officers;  provided,  there  shall  be  a  separate  ballot  box,  poll  books 
and  tally  sheets,  and  said  election  officers  shall  receive  no  extra  com- 
pensation for  such  services.     (94  v.  317.) 

(3921-6)  Sec.  6.  [Prior  existing  board  abolished;  its  succes-* 
sor.]  Upon  the  election,  qualification  and  organization  of  the  board  of 
education  provided  for  in  section  five  of  this  act,  the  board  of  educa- 
tion previously  existing  in  said  township  district  shall  cease  to  exist  and 
the  same  is  hereby  abolished  and  the  board  of  education  provided  for  in 


58  OHIO    SCHOOL    LAWS.   ' 

Ch.  4.  Township  and  Special  Districts. 

this  act  shall  be  considered  the  successor  of  the  former  township  bo^id. 

(94  V.  3T7-) 

(3921-7)  Sec.  7.  [Township  clerk  and  treasurer  ex-officio  nieni' 
bers  of  board;  laws  governing  board.]  The  clerk  of  the  township 
shall  be  ex-ofificio  member  of  the  board  of  education,  provided  for  by  this 
act  and  shall  be  clerk  thereof ;  the  treasurer  of  the  township  shall  be  ex- 
officio  treasurer  of  the  board  of  education ;  provided,  that  in  all  other 
respects  the  laws  governing  village  boards  of  education  shall  govern  and 
control  all  boards  of  education  organized  as  provided  by  this  act.     (94 

V.  317-) 

(3921-8)  Sec.  8.  [Graded  course  of  instruction  reriuired;  high 
school;  transportation  of  pupils.]  Boards  of  education  in  township 
districts  organized  as  provided  for  by  this  act  are  required  to  maintain 
and  support  a  graded  course  of  instruction,  and  may  include  a  high 
school  course  of  not  less  than  two  years ;  they  are  also  required  to  fur- 
nish transportation  to  and  from  school,  to  all  pupils  living  more  than 
three-fourths  of  a  mile  from  the  central  building,  said  distance  to  be 
measured  from  the  enclosure  immediately  surrounding  their  residence 
to  the  school-house  property,  along  the  nearest  public  highway.     (94 

V.  317-) 

Sec.  3922.  [Election  in  new  subdistrict.]  When  the  board  con- 
solidates two  or  more  subdistricts  into  a  new  subdistrict,  or  establishes 
a  new  subdistrict  in  any  other  way,  it  shall  call  a  special  meeting  of  the 
•qualified  electors  resident  in  the  new  subdistrict  for  the  purpose  of  elect- 
ing one  director  and  two  subdirectors  for  the  same ; 

[Notices.]  At  least  five  days  before  the  time  fixed  for  the  meet- 
ing, the  board  shall  post,  in  three  of  the  most  public  places  in  the  new 
subdistrict.  written  or  printed  notices  stating  time,  place  and  object  of 
holding  the  meeting; 

[Election;  how  conducted ;  term  of  director.]  The  election  shall 
be  conducted  as  provided  in  this  chapter,  and  a  director  shall  be  elected 
to  sei've  the  term  which  will  render  the  classes  of  directors  most  equal, 
from  the  annual  meeting  on  the  third  Monday  of  April  next  preceding 
the  organization  of  the  new  subdistrict ; 

[Terms  of  subdirectors  determined  by  lot;  terms  of  directors  and 
subdirectors  of  consolidated  districts  terminate.]  And  the  terms  of 
the  two  subdirectors  shall  be  determined  by  lot ;  and  the  terms  of  of- 
fice of  the  directors  and  subdirectors  of  subdistricts  so  consolidated,  shall 
expire  at  the  time  such  new  district  is  created.  (93  v.  47;  89  v.  94; 
75  v..  120,  §  32  (§20).) 

Graduating  examination  of  pupils  from  sub-districts  and  special  districts;  Sec.  4029-1. 
For  conduct  of  elections,    see  notes  under  Sees.   3909,   3916  and  3917,   ante. 
The    attaching   of   the    territory   composing    a    sub-district   to    adjacent    sub-districts   by   a 
township  board  of  education,   under  section  32  of  the  act  of  May  1,  1873,   is  not  a  consolida- 


OHIO   SCHOOL   LAWS.  6^ 


Township  and  Special  Districts.  '  Ch.  4. 

tion  of  two  or  more  sub-districts  into  a  new   sub-district,   and  the  offices  of  local  directors  in 
the  sub-districts  to  which  such  territory  is  attached  are  not  thereby  vacated.    25  O.  S.,  25(i. 

SPECIAL   DISTRICTS. 
What  constitutes  a   special   district;   Sec.  3891. 
Creation   and   change  of  special   districts;   3916. 

Sec.  3923.  [  Board  of  special  district ;  how  constituted,  and  how 
increased.]  The  board  of  education  of  each  special  district  shall  con- 
sist of  three  members,  who  shall  be  residents  of  the  district,  and  have 
the  qualifications  of  an  elector  therein ;  and  when  the  electors  of  a 
special  district,  the  board  of  education  of  which  consists  of  three  mem- 
bers, desire  that  the  board  shall  consist  of  six  members,  they  may 
make  such  change  in  the  same  manner  as  provided  for  city  districts 
of  the  second  class  and  village  districts,  in  section  thirty-nine  hun- 
dred and  eleven.     (70  v.  195,  §  32  (70  v.  200,  §  22).) 

For  "an  act  providing  for  the  number  of  members  constituting  boards  of  education  ia 
special   districts  in   Hamilton  county";   Sec.   3904-1. 

Sec.  3924.  [Election  of  members.]  There  shall  be  elected  annu- 
ally, by  ballot,  on  the  second  Monday  of  April,  in  each  special  district, 
by  the  qualified  electors  thereof,  at  the  usual  time  and  place  of  holding 
school  elections  in  such  district,  one  judicious  and  competent  person  to 
serve  as  member  of  the  board  for  three  years  from  the  first  Monday  suc- 
ceeding his  election,  and  until  the  election  and  qualification  of  his  succes- 
sor ;  but  in  special  districts  hereafter  established,  the  first  election  for 
members  of  the  board  shall  be  held  within  twenty  days  after  such  estab- 
lishment, at  least  five  days'  previous  notice  of  which,  stating  the  time 
and  place  of  meeting,  and  signed  by  at  least  three  elector^  of  the 
district,  shall  be  posted  in  three  of  the  most  conspicuous  places  in 
the  district ;  at  such  meeting  a  chairman  and  clerk  shall  be  chosen, 
and  there  shall  be  elected  three  members  of  the  board  one  to  serve 
until  the  third  Monday  of  April  next  succeeding  his  election,  and 
one  to  serve  for  one  year  and  one  for  two  years  from  said  third 
Monday,  and  each  to  serve  until  the  election  and  qualification  of 
his  successor.  (71  v.  57,  §  23 ;  75  v.  120,  §  19.) 
§19.) 

Election  of  school   board   members  in   villages   in   Hamilton   county  shall  be  on  the  first 
Monday  of  April,   between  six  a.   m.  and  four  p.  m.    90  L.   L.,   262. 
.^ustralian   ballot   law   does   not   apply;    Sec.   2966-13. 

For  conduct  of  election,   see  notes  under  Sees.  3900,  8916  and  8917,   ante. 
As  to  serving  until  successor  is  elected.    7  C.  C,  1,  4;  afF'd  29  B.,  896. 

Sec.  3925.  [Notice  and  conduct  of  election.]  The  clerk  of  the 
district  shall  post  written  or  printed  notices,  in  three  or  more  con- 
spicuous places  in  the  district,  at  least  six  days  prior  to  the  day  of 
election,  designating  the  day  and  the  hour  of  opening  and  closing 
the  election ;  and  the  election  shall  proceed,  and  a  return  thereof  be 
made,  in  the  manner  provided  for  elections  in  village  districts,  and 
shall  continue  at  least  two  hours.     (71  v.  57,  §  24.) 

Notices  of  election;   see  notes  under  Sec.  3909. 


60  OHIO    SCHOOL    LAWS. 


Ch.  4.  Township  and  Special  Districts. 

Sec.  3926.  [How  special, or  village  district  abandoned.]  When 
the  electors  of  a  special  or  village  district  desire  to  abandon  their  organi- 
zation, and  become  a  part  of  the  township  district  of  the  township  in 
which  such  special  or  village  district  is  located,  they  shall  make  the 
change  in  the  following  manner:  Written  or  printed  notices  shall  be 
posted  in  at  least  five  of  the  most  public  places  in  the  district,  signed 
by  a  majority  of  the  members  of  the  board  of  education,  or  one  of  the 
board,  and  at  least  six  resident  electors  of  the  district,  requesting  the 
qualified  electors  thereof  to  assemble  on  a  day,  and  at  an  hour  and  place, 
•designated  in  the  notices,  which  notices  shall  be  posted  at  least  ten  days 
prior  to  the  day  designated  in  them,  then  and  there  to  vote  for  or  against 
such  change ;  the  electors,  when  assembled  at  the  time  and  place  desig- 
nated in  the  notices,  shall  appoint  a  chairman  and  two  clerks,  who  shall 
be  judges  of  the  election,  which  shall  continue  at  least  two  hours ; 
those  in  favor  of  the  proposed  change  shall  have  written  or  printed  on 
their  ballots  the  words,  "School — change,"  and  those  opposed  thereto  the 
-words,  "School — no  change ;"  and  a  majority  of  the  ballots  cast  shall 
•determine  the  question  whether  the  change  be  made ;  the  judges  shall 
within  five  days  after  the  election  make  due  return  thereof  to  the  board  of 
-education  of  the  district ;  and  if  a  majority  of  the  votes  cast  are  in  favor 
of  the  change,  the  board  shall  immediately  certify  that  fact  to  the  town- 
ship board,  which  shall  thereupon  assume  jurisdiction  of  the  territory, 
property,  and  affairs  of  the  special  district,  and  thereafter  treat  such  dis- 
trict as  a  subdistrict  of  the  township  district. 

[Withdrawal  of  subdistricts  from  special  districts.]  Provided, 
however,  that  in  a  special  district,  which  has  been  created  from  two  or 
more  joint  subdistricts,  subdistricts  or  parts  of  subdistricts  if  the  electors 
of  the  territory  which  formerly  composed  any  one  or  more  of  such  joint 
subdistricts,  subdistricts  or  parts  of  subdistricts  desire  to  withdraw  from 
the  special  district  organisation  and  become  a  part  of  the  township 
in  which  they  are  situated,  the  change  may  be  made  by  a  majority  vote 
of  the  electors  of  the  special  district  except  that  posted  notices  signed 
by  six  resident  electors  shall  be  sufficient  to  call  such  election.  (93  v.  74 ; 
88  V.  297 ;  72  v.  27,  §  25 ;  94  v.  233.) 

Conduct  of  elections;  see  notes  under  Sees.  3909,  1916  and  3917,  ante. 

Sec.  3927.  [Election  when  special  district  abandoned.]  When  a 
special  district  is  abandoned,  there  shall  be  an  election  of  director  and 
two  subdirectors,  as  provided  in  this  chapter,  and  for  the  terms  directed 
in  section  3922. 

[Property  in  custody  of  clerk;  notice  to  county  auditor.]  The 
■clerk  of  the  special  or  village  district  board  shall  deliver  to  the  clerk 
of  the  township  board,  all  the  books  and  papers  of  the  special  district 


OHIO   SCHOOL   LAWS.  61 


To.wnship  and  Special  Districts.  Ch.  4. 

in  his  custody,  and  notify  the  county  auditor,  in  writing,  of  the  aban- 
donment of  the  organization  of  the  district ; 

[Property  in  custody  of  treasurer.]  The  treasurer  of  the  special 
or  village  district  board  shall  deliver  to  the  treasurer  of  the  town- 
ship board  all  the  books,  papers  and  money  of  the  special  or  village 
district  in  his  possession ; 

[Unfinished  business;  debts.]  The  township  board  shall  com- 
plete all  unfinished  business  pertaining  to  the  special  or  village  dis- 
trict ;  any  debt  contracted  by  the  special  or  village  district  board  shall 
be  paid  out  of  the  money  transferred  to  the  treasurer  of  the  township 
board,  as  herein  provided,  and  out  of  the  money  arising  from  the 
taxes  levied  by  the  special  or  village  district  board ; 

[Special  tax.]  And  if  such  funds  are  insufficient  therefor,  the  re- 
mainder shall  be  paid  by  a  special  tax  upon  the  property  of  the  subdistrict 
so  created.     (93  v.  4;? ;  89  v.  94 ;  88  v.  297 ;  72  v.  27,  §  25.) 


62 


OHIO    SCHOOL    LAWS. 


Ch.  5. 


Joint  Subdistricts. 


CHAPTER  5. 

JOINT  SUBDISTRICTS. 


Section. 

3928.  Township  boards  may  establish  by  mu- 

tual agreement;  school  building; 
organization  of  meeting;  copies  of 
memorandum  of  proceedings  to  be 
transmitted   by   secretary. 

3929.  How    the    school    governed    and    sup- 

ported. 

3930.  Further  provisions   for   establishment. 

3931.  May   be   established   on   petition. 

3932.  What  petition   to  contain. 

3933.  Clerks  to  give  notice  of  filing,   etc. 

3934.  When     petition     foj     joint    sub-district 

may  be  filed  with   probate  judge. 

3935.  Security  for  costs  to  be  given. 

3936.  Tipie  and  pTace  of  meeting  of  commis- 

sioners. 

3937.  Publication    of   notice. 

3938.  Commissioners  to  be  appointed. 
•3939.      Oath  and  duties  of  commissioners. 


Section. 

3940.      Clerks    to    have    present    plats    and    pa- 
pers. 

The  report  of  the  commissioners. 

Local  directors  to  designate  site  for 
school  house;  board  of  education  to 
make  estimate;  proceedings  if  board 
fail. 

The  effect  of  the  report. 

Judgment  for  costs;  what  fees  allowed. 

Report    and   judgment   for    sub-district. 

How  cost  paid  in  such  case. 

Petition   for   such   purposes. 

Division  of  toVnship  school  fund  when 
a  special  or  village  district  is 
created. 

Proceediiigs    thereon. 

When  such  petition  may  be  filed  with 
probate   judge. 

Repealed. 

Joint    sub-districts;    how   dissolved. 


3941. 
3941a. 


3942. 
3943. 
3944. 
3945. 
3946. 
3946a 


3947. 


3949. 
3950. 


If  a  special  law  creating  a  joint  sub-school  district  makes  no  provision  for  the  election 
of  directors  it  will  not  fail,  but  an  election  can  be  held  under  any  general  law  applicable. 
7  C.   C,   152. 

Sec.  3928.  [Township  boards  may  establish  by  mutual  agree- 
ment.] When  the  better  accommodation  of  scholars  makes  it  desir- 
able to  form  a  joint  subdistrict,  or  joint  township  high  school  district 
composed  of  parts,  or  all,  of  two  or  more  townships,  the  board  of 
education  of  the  townships  interested,  may,  by  mutual  agreement, 
at  a  joint  meeting  held  for  the  purpose,  establish  the  same,  and  fix 
the  boundaries  thereof; 

[School  building.]  If  there  is  no  suitable  school-house  within 
such  boundaries,  or  if  there  is  one,  but  it  is  not  suitably  located,  the 
board  shall  designate  a  site  whereon  to  erect  such  building;  but  if 
there  is  a  suitable  school-house  within  such  boundaries,  properly 
located,  the  school  shall  be  held  therein ; 

[Organization  of  meeting.]  A  chairman  and  secretary  shall  be 
chosen  at  such  meeting,  and  the  secretary  shall  make  a  memorandum  of 
the  proceedings  had  thereat. 

[Copies  of  memorandum  of  proceedings  to  be  transmitted  by  sec- 
retary.] A  copy  of  such  memorandum,  signed  by  the  chairman  and 
secretary,  shall  be  transmitted  to  the  clerk  of  each  of  the  boards,  who 
shall  record  the  same  in  his  record  of  proceedings  of  the  board ;  and 
the  secretary  shall  transmit  a  like  copy  of  the  proceedings  to  the 
auditor  of  each  -county  having  territory  embraced  in  the  joint  sub- 
district,  or  township,  or  joint  township  high  school  district.  (93  v. 
283;   70  V.  195,  §34;    S.  &  S.  713.) 


■CCNIVERsiTY^   OHIO  SCHOOL  laws.  68 

CALIFOn!ii^^  Joint  Subdistricts.  Ch,  5. 


A  majority  of  the  trustees  of  each  township  and  not  a  majority  of  all  is  meant  by  the 
act  allowing  the  "majority  of  trustees  in  two  or  more  townships"  to  lay  off  a  school  dis- 
trict  embracing   parts   of   different    townships.    17   O.,    82. 

Sections  392S-3948  cited   in   10  C.   C,    480. 

See  ppinion   of  attorney   general   under   Sec.   3'J34. 

A  teacher's  certificate  issued  by  the  board  of  examiners  of  any  county  having  territory 
in  a  joint  sub-district  is  valid  in  such  district ;  see  Sec.  -1073. 

A   special   act   abolishing   a  joint    sub-district   is   valid.    35    B. ,    360. 

So  is  a  special  act  creating  one.    7  C.  C,   152. 

Sec.  3929.  [Control  of  school  in  joint  subdistricts  or  joint  town- 
ship high  school  districts.)  The  school  in  a  joint  subdistrict,  or  joint 
township  high  school  district,  shall  be  under  the  control  of  the  board  of 
education  in  the  township  in  which  the  school  house  is  situate,  of  which 
board  the  director  of  the  joint  subdistrict,  or  joint  township  high  school 
district,  shall  be  a  member,  or  members; 

[Support  the  same.]  But  such  school  shall  be  supported  from  the 
school  funds  of  the  townships  having  territory  in.  the  joint  subdistrict, 
or  joint  township  high  school  district,  in  proportion  to  the  enumeration 
of  youth,  as  provided  in  sections  thirty-nine  hundred  and  sixty-one  and 
thirty-nine  hundred  and  sixty-two  and  thirty-nine  hundred  and  sixty- 
three,  as  amended  by  this  act.     (93  v.  283 ;  89  v.  94 ;  75  v.  84,  §  35 ; 

S.  &  S.  713-) 

Rebuilding  or  changing  location  of  school  house  in  joint   sub-district;   Sec.  3969. 
"Shall  be  a  member,"  let  him  live  in  which  township  or  county  he  may.    Com. 

Sec.  3930.  [Further  provisions  for  establishment.]  Joint  subdis- 
tricts may  be  established  also  in  the  manner  provided  in  succeeding  sec- 
tions of  this  chapter. 

When  a  joint  sub-school  district  is  established  by  the  probate  court,  under  the  pro- 
visions of  sections  3930  and  3950,  inclusive,  of  the  Revised  Statutes,  and  the  judgment  of 
said  court  remains  in  full  force  and  unreversed,  an  action  by  the  board  of  education  of  the 
township  in  which  such  joint  sub-district  is  established,  to  enjoin  the  county  commissioners 
from  levying  a  tax  to  support  the  same,  cannot  be  maintained.  The  judgment  of  the  pro- 
bate court  is  final,   unless  reversed  for  error  or  set  aside  for  fraud.    39  O.   S.,   259. 

Sec.  3931.  .[M^y  ^6  established  on  petition.]  Three  or  more 
qualified  electors,  resident  of  the  territory  sought  to  be  included 
therein,  may  apply,  in  writing,  to  the  board  of  education  of  any  town- 
ship wherein  any  part  of  the  territory  is  suituate,  for  the  creation 
thereof.     (75  v.  120,  §  i.) 

Sec.  3932.  [What  petition  to  contain.]  The  petition  shall  de- 
scribe the  territory  sought  to  be  included  in  the  joint  subdistrict,  may 
set  forth  the  reasons  requiring  the  creation  thereof,  and  shall  be  filed 
with  the  clerk  of  the  board  of  education  to  which  it  is  addressed. 
(75  v.  120.  §  2.) 

Sec.  3933-  [Clerks  to  give  notice  of  filing,  etc.]  Upon  the  filing 
of  such  petition,  such  clerk  shall  forthwith  give  notice  thereof,  in  writ- 
ing, to  the  members  of  the  board  of  which  he  is  a  clerk,  which  notice  shall 
name  a  suitable  and  convenient  place,  and  a  day  and  hour,  for  the  boards 


64  OHIO    SCHOOL    LAWS. 


Ch.  5.  Joint  Subdistncts. 


to  meet;  he  shall  also  transmit  a  like  notice,  forthwith,  to  the  clerks  of 
all  other  boards  of  education  having  jurisdiction  over  any  of  the  terri- 
tory sought  to  be  affected ;  and  such  clerks,  upon  the  receipt  of  such 
notice,  shall  in  like  manner  give  notice  forthwith  of  the  filing  of  such 
petition,  and  of  the  time  and  place  pf  meeting,  to  each  member  of  their 
respective  boards.     (75  v.  120,  §  3.) 

Sec.  3934.  [When  petition  for  joint  subdistrict  may  be  filed  with 
probate  judge.]  It  shall  be  the  duty  of  such  boards  to  meet  and  con- 
sider the  petition  within  thirty  days  from  the  time  the  same  is  filed,  but 
if  they  do  not  do  s^^  within  sixty  days  from  such  time,  or  having  met, 
established,  or  determined  not  to  establish  a  joint  subdistrict,  three  or 
more  electors  of  the  territory  sought  to  be  included  therein  may  file  a 
petition  of  remonstrance,  for  or  against  the  same,  with  the  probate  judge 
of  the  county ;  and  if  the  territory  sought  to  be  included  therein  is  situ- 
ated in  two  or  more  Counties,  the  petition  may  be  filed  with  the  probate 
judge  of  either  county.  (1881,  Jan.  14:  78  v.  8;  Rev.  Stat.  1880;  75 
V.  120,  §  4.)  . 

Whether  a  petition  must  show  that  prior  steps  were  bad  under  Sec.  3893,  see  10  C.  C, 
480,    486. 

Where  a  joint  meeting  of  two  or  more  boards  of  education  is  provided  for  by  law,  it 
requires  a  majority  of  each  board  to  determine  a  question,  unless  otherwise  provided  by  law. 
Attorney    General. 

Sec.  3935.  [Security  for  costs  to  be  given.]  The  petitioners  shall 
also  file  with  the  probate  judge  the  undertaking  of  one  or  more  of  their 
number,  with  security  to  the  satisfaction  of  the  judge,  m  the  sum  of 
one  hundred  dollars,  conditioned  that  the  petitioners  will  pay  all  the 
cost  of  the  proceeding  if  a  joint  subdistrict  be  not  established  thereby. 
(75  V.  120,  §  5.) 

Sec.  3936.  [Time  and  place  of  meeting  of  commissioners.]  Upon 
the  filing  of  such  petition  and  undertaking,  the  judge  shall  fix  a  time, 
not  more  than  sixty  days  thereafter,  and  the  place,  which  shall  be  the 
school  house  upon  the  territory,  if  there  is  one  thereon,  and  if  there  is 
more  than  one  school  house  thereon,  then  the  house  last  built,  and 
if  there  is  no  school  house  thereon,  then  some  convenient  place  within 
the  territory,  for  the  meeting  of  the  commissioners  hereinafter  directed 
to  be  appointed.     (75  v.  120,  §  6.) 

Sec.  3937.  [Publication  of  notice.]  The  judge  shall  thereupon 
cause  to  be  published  for  four  consecutive  weeks,  in  two  newspapers  of 
opposite  politics,  printed  and  of  general  circulation  in  the  county  where 
the  petition  is  filed,  notice  of  the  filing  of  such  petition,  and  of  the  time 
and  place  of  meeting  of  the  commissioners.     (75  v.  120,  §  7.) 

Sec.  3938.  [Commissioners  to  be  appointed.]  The  judge  shall 
also  make  an  order  appointing  three  judicious,  disinterested  men  of  the 
county,  and  not  residents  of  either  of  the  townships  to  be  affected,  to  be 


OHIO  SCHOOL  LAWS.  66 


Joint  Subdistricts.  Ch.  6. 


commissioners,  and  to  act  in  the  premises ;  if  a  person  so  appointed  die, 
or  fail  from  any  cause  to  be  present  and  to  act,  or  if  he  give  notice  of 
his  inability  to  serve,  the  judge  shall  forthwith,  by  order,  appoint  another 
in  his  stead,  who  may  act  as  if  he  had  been  originally  appointed ;  and 
the  judge  shall  deliver  a  copy  of  the  petition  and  his  order  to  the  com- 
missioners, and  shall  instruct  them  in  the  law  applicable  to  .such  pro- 
ceedings.    (75  V.  120,  §  8.) 

Sec.  3939.  [Oath  and  duties  of  commissioners.]  The  commis- 
sioners shall  take  an  oath  to  discharge  faithfully  the  duties  required  by 
this  chapter  according  to  the  best  of  their  knowledge  and  understand- 
ing, and  shall  meet  at  the  time  and  place  named  in  the  published  notice, 
may  examine  witnesses  under  oath,  which  may  be  administered  by  one 
of  their  own  number,  and  consider  and  determine  the  question  whether 
a  joint  subdistrict  ought  to  be  established.     (75  v.  120,  §  9.) 

Sec.  3940.  [Clerks  to  have  present  plats  and  papers.]  The  clerks 
of  the  several  boards  of  education  interested  shall  be  present  at  the 
meeting  of  the  commissioners,  and  have  with  them  the  plats  of  the  sev- 
eral townships,  with  the  lines  of.  the  several  subdistricts  marked  thereon, 
and  such  other  papers  and  documents  as  will  serve  to  inform  the  com- 
missioners and  give  them  a  correct  idea  of  the  wants  of  the  petitioners. 
(75  V.  120  §  10.) 

Sec.  3941.  [The  report  of  the  commissioners.]  The  commis- 
sioners shall  report  in  writing  to  the  probate  judge  — 

1.  Whether  or  not  a  joint  subdistrict  ought  to  be  established,  and 
their  reasons  therefor, 

2.  If  they  find  in  favor  of  the  establishment  of  a  joint  subdistrict, 
they  shall  give  the  lines  and  a  plat  thereof;  they  may  also  change  the 
lines  of  the  subdistrict  proposed  in  the  position  [petition],  by  including 
therein  other  territory,  or  excluding  territory  included  therein,  or  both ; 
and  if  there  is  no  suitable  school  house  within  such  boundaries,  or,  if* 
there  is  one,  but  it  is  not  suitably  located,  they  shall  designate  a  site 
whereon  to  erect  such  building,  provided,  that  if  said  commissioners 
shall  have  located,  or  shall  hereafter  locate  a  site  upon  a  township,  or 
county  line  and  embracing  territory  in  different  townships  then  the 
school  building  shall  be  erected  on  said  site,  but  in  that  township  hav- 
ing the  largest  number  of  children  of  school  age  who  live  in  said  joint 
subdistrict.     (90  v.  115;   75  v.  120,  §11.) 

The  board  of  education  cannot  abandon  site  selected  by  the  commissioners  and  purchase 
another   site.    58  O.   S.,   354.  ' 

Sec  394iff.  [Estimate  for  site  and  school-house ;  report  to  county 
auditor;  making  of  levy  and  collection  of  money.]  When  in  a  joint 
subdistrict  established  by  proceedings  in  the  probate  court,  a  site  has 
been  designated  for  a  school  house,  the  board  of  education  of  the  town- 

5   S.  h. 


66  OHIO    SCHOOL    LAWS. 


Ch.  5.  Joint  Subdistricts. 


ship  in  which  such  site  is  designated  shall  make  the  necessary  estimate 
to  purchase  such  school  house  site/  and  erect  and  furnish  a  suitable 
school  house  thereon;  and  said  board  shall  report  such  estimate  and 
levy  to  the  county  auditor;  said  levy  shall  be  made  and  the  money  col- 
lected in  like  manner  as  the  funds  are  levied  and  collected  for  other 
joint  subdistricts.  .  (89  v.  94;    80  v.  62.) 

For  rebuilding  school   house   or  changing   site   in  joint  sub-districts,    see   Sec.   3989. 
I 

Sec.  3942.  [The  effect  of  the  report.]  The  report  of  the  com- 
missioners, if  against  the  establishment  of  a  joint  subdistrict,  shall  be 
a  bar  to  any  proceeding  to  establish  a  joint  subdistrict  out  of  any  of 
the  territory  described  in  the  petition  for  three  years ;  and  if  the  report 
be  in  favor  of  the  establishment  of  a  joint  subdistrict,  it  shall  be  final, 
unless  set  aside  by  the  probate  court  for  fraud.     (75  v.  120,  §  12.) 

See  note  under  Sec.  3930. 

Sec.  3943.     [Judgment  for  costs;    what  fees  allowed.]     If  the 

report  be  against  the  establishment  of  a  joint  subdistrict  the  judge 
shall  render  judgment  against  the  petitioners  for  all  the  costs  of  the 
proceeding;  and  the  commissioners  and  the  judge  shall  receive  the 
same  fees  as  are  authorized  to  be  charged  for  like  services  in  pro- 
ceedings to  establish  roads,  and  such  other  fees  as  are  authorized  by 
law.     (75  V.  120,  §  13.) 

Sec.  3944.  [Report  and  judgment  for  subdistrict.]  If  the  report 
be  in  favor  of  the  establishment  of  a  joint  subdistrict,  the  judge  shall 
make  an  entry  confirming  the  same ;  and  a  certified  copy  of  the  report, 
including  the  plat  and  his  order,  shall  be  delivered  to  the  clerk  of  the 
board  of  education  of  each  township  interested  therein,  and  thereafter 
such  joint  subdistrict  shall  be  fully  established,  and  shall  be  governed 
and  controlled  in  the  same  manner  as  joint  subdistricts  otherwise  estab- 
lished.    (75  V.  120,  §  14.) 

See  39  O.   S.,   151,   152,   under  Sec.  3950. 

Sec.  3945.  [How  costs  paid  in  such  case.]  In  such  case  the  judge 
shall  tax  the  costs  of  the  proceedings  to  the  board  of  education  of  the 
several  townships  interested,  in  such  proportion  as  he  may  deem  just 
and  equitable,  and  certify  the  same  to  the  clerks  of  such  boards;  and 
the  boards  shall  be  liable  therefor,  and  at  the  first  regular  or  special 
meeting  of  each  thereafter  payment  of  the  amount  so  taxed  to  it  shall 
be  ordered.     (75  v.  120  §  15.) 

Sec.  3946.  [Petition  for  such  purposes.]  A  petition  may,  in  like 
manner,  be  filed  with  the  clerk  of  the  board  of  education  of  any  town- 
ship, praying  for  the  creation  of  an  additional  subdistrict,  or  for  chang- 
ing the  lines  of  subdistricts,  or  for  the  creation  of  a  special  school  dis- 
trict, or  for  changing  the  lines  ©f  special  or  village  districts,  and  adjoin- 


OHIO   SCHOOL   LAWS.  67 


Joint  Subdistricts.  Ch.  5. 


ing  subdistricts;  but  when  a  special  or  village  district  is  interested  in 
such  proposed  change,  the  petition  may  be  filed  either  with  the  clerk  of 
the  township  board,  or  the  clerk  of  the  board  of  education  of  such 
special  or  village  district ;  and  when  any  such  lines  have  been  so  changed 
they  shall  not  be  altered  by  any  board  or  boards  of  education  until  after 
the  expiration  of  three  years,  except  upon  the  written  consent  of  two- 
thirds  of  the  electors  residing  within  the  territory  aflFected  by  the  change. 
(75  V.  120,  §  i6.) 

Change  of  territory  organizing  a  separate  school  district  does  not  entitle  the  new  district 
to  seize  on  property  within  it  that  had  been  set  apart  by  the  township  board  for  a  higher 
school  than  a  primary,  although  this  would  be  within  the  letter  of  R.  S.,  Sec.  3972,  which 
relates  to  the  subject.    4G  O.   S.,   SOS. 

A  proceeding  under  R.  S.,  Sec.  8946,  to  create  a  special  school  district  will  not  lie  if 
it  includes  a  part  or  even  all  of  a  joint  sub-district,  for  it  would  conflict  with  Sec.  8950.  0  C. 
C,   S99;  AfT'd  no   Rep. 

Four  petitions  for  four  special  districts  cannot  all  be  granted  by  one  vote  after  the 
board's  refusal  to  vote  separately  on  each.    5  C.  C,  303;  5  O.  D.,  400. 

For  proceedings  hereunder,   under  this  and  next  two  sections,    see  10  C.   C,   480. 

The  petition  is  not  applicable  to  a  case  in  which  it  is  sought  to  change  the  boundaries 
between  two  special  or  two  village  or  city  districts,  or  between  a  special  and  a  village  or 
city  district.  It  pertains  only  to  cases  in  which  the  boundaries  of  a  sub-district  are  in  some 
way  to  be  affected,  as  only  in  such  cases  has  the  township  board  jurisdiction.  Kut,  according 
to  section  3893,  the  boards  of  education  having  the  management  of  such  special,  village, 
or  city  districts  may  transfer  their  territory  from  one  to  the  other.  Ham.  Co.  Com.  Pleas, 
Boards  of  Ed'n  Sycamore  Tp.  v.  Henry  C.  Bowen  et  al. 

Sec.  39460,  [  Division  of  township  school  funds  when  a  special  oi: 
village  district  is  created.]  When  a  special  or  village  school  district 
is.  created  the  treasurer  of  the  township  district  shall  pay  to  the  treasurer 
of  such  newly  created  district  such  relative  portion  of  surplus  money 
in  the  treasury  of  the  township  district  as  the  valuation  of  the  created 
district  bears  to  the  valuation  of  the  township,  and  also  a  like  relative 
portion  of  the  levy,  or  levies,  existing  at  the  time  such  district  is  created 
as  said  levy  or  levies  come  into  his  hands.     (94  v.  64.) 

Sec.  3947.  [Proceedings  on  petition.]  Such  petition  may  be  filed 
with  the  clerk  of  the  board  of  education  of  such  special  or  village  dis- 
trict, with  the  clerk  of  the  board  of  education  of  the  township,  or,  if 
the  change  sought  by  the  petition  affect  territory  in  more  than  one 
township,  with  the  clerk  of  the  board  of  education  of  either  township; 
and,  upon  the  filing  thereof,  the  members  of  the  board  or  boards  inter- 
ested shall  be  notified,  as  provided  in  section  thirty-nine  hundred  and 
thirty-three.     (75  v.  120,  §  17.) 

Sec.  3948.  [When  such  petition  may  be  filed  with  probate  judge.] 
It  shall  be  the  duty  of  such  board  or  boards  to  meet  and  consider  the 
petition  within  thirty  days  from  the  time  the  same  is  filed  but  on  failure 
to  do  so  within  sixty  days  of  such  time,  or  if  the  board  or  boards  meet 
and  grant,  or  refuse  to  grant,  the  prayer  of  the  petition,  a  petition  or 
remonstrance  may  be  filed  with  the  probate  judge  of  the  county,  by 
either  party,  as  provided  in  section  thirty-nine  hundred  and  thirty-four; 
and,  thereafter,  such  proceedings  may  be  had  thereon,  and  they  shall 


68  OHIO    SCHOOL    LAWS. 


Ch.  5.  Joint  Subdistricts. 


have  the  same  effect  as  is  herein  provided  for  the  formation  of  joint 
subdistricts.  (1881,  Jan.  14:  78  v.  8,  9;  Rev.  Stat.  1880;  75  v  120, 
§  18.) 

See   opinion    of   attorney    general    under    Sec.    3934. 

Sec.  3949.  [Election,  duties,  etc.,  of  directors.]  Repealed,  90 
V.  -jG.) 

Sec.  3950.  [Dissolution  or  alteration;  establishment  of  special 
districts.]  No  joint  subdistrict,  which  is  now  organized  or  may  here- 
after be  organized.,  shall  be  dissolved,  changed  or  altered,  unless  by  the 
concurrent  action  of  the  boards  of  education  of  the  several  townships 
having  territory  included  therein ;  provided,  however,  that  when  any 
board  of  education,  in  a  joint  subdistrict  desires  to  dissolve,  change  or 
alter  the  same,  the  board  of  education  desiring  such  dissolution,  change 
or  alteration,  shall  notify,  in  writing,  the  boards  of  education  interested 
of  the  time  when  they  will  meet  to  consider  the  proposed  dissolution, 
change  or  alteration.  The  place  of  meeting  shall  be  the  school  house 
in  such  joint  subdistrict;  but  if  there  be  none,  then  at  some  convenient 
place  in  the  vicinity  of  such  joint  subdistrict.  If  the  >oint  board  fails 
to  meet,  or  having  met  cannot  agree  upon  a  dissolution,  change  or  alter- 
ation, as  the  case  may  be,  then  the  board  of  education  desiring  such  dis- 
solution, change  or  alteration  may  appeal  to  the  probate  court  of  the 
proper  county,  and  the  same  proceedings  shall  be  had  as  in  case  of 
appeals  in  the  formation  of  joint  subdistricts,  so  far  as  applicable,  as 
provided  in  sections  3935  to  3941,  inclusive;  and  any  joint  subdistricts 
established  by  proceedings  in  the  probate  court  may  be  dissolved,  changed 
or  altered,  as  provided  in  this  section,  at  any  time  after  the  expiration 
of  five  years,  or  the  court  may  dissolve  the  same  at  any  time,  upon 
being  petitioned  to  do  so  by  two-thirds  of  the  voters  residing  in  the' 
district  which  is  affected  by  the  change,  when  the  best  interests  of 
the  school  demand  such  dissolution,  change  or  alteration.  And  pro- 
vided further,  that  the  provisions  of  this  section  shall  in  no  wise  inter- 
fere with  the  establishment  of  any  special  district  under  the  provisions 
of  sections  three  thousand  nine  hundred  and  twenty-eight  to  three  thou- 
sand nine  hundred  and  forty-nine,  inclusive,  as  amended  March  fifteen, 
one  thousand  eight  hundred  and  ninety-two.  (91  v.  114;  86  v  211;  84 
V.  117;  81  V.  211;  yy  v.  186;  Rev.  Stat.  1880;  72  v.  63,  §  36.) 

In  proceedings  had  in  1880,  under  section  3950  of  the  Revised  Statutes,  as  amended 
April  12,  1880,  to  dissolve  a  joint  sub-school  district,  a  commission  was  regularly  appointed, 
and  afterward  such  commission  reported  to  the  probate  court  in  favor  of  such  dissoluticjn ; 
Held,  the  probate  court  had  the  same  power  to  confirm  the  report  that  it  had  under  section 
3944,  Revised  Statutes,  to  confirm  the  report  of  a  commission  establishing  such  sub-district. 
39  O.   S.,   151,   152. 

See  39   O.    S.,    259,    under   Sec.    3930. 

See  6  C.  C,   599,   under  Sec.  3946. 


OHIO   SCHOOL   LAWS. 


69 


School  Funds. 


Ch.  6. 


CHAPTER  t). 

SCHOOL  FUNDS. 


Section. 


8951. 

39Ma. 

3961 b, 
3952. 

3953. 
8964. 

3066. 


3957. 


3968. 

39580. 

3959. 

8960. 

3961. 

39610. 

3962. 

3963. 


The  "state  common  school  fund." 
Ohio  and   Miami   university  fund,   ad- 
mission  of   pupils. 
Distribution  of  fund. 
Interest    upon    proceeds    of    salt    and 

swamp  lands. 
The   "common   school   fund." 
Accounts    of    common     school    fund; 

how   kept,    etc. 
Bequests,    etc.,    in    trust    for   common 

school  fund. 
Apportionment     of     school     funds    by 

auditor   of   st%tc. 
To  what   county  common   school  fund 

paid  when  county  line  divides  orig- 

i/ial   surveyed  township. 
Board   of  education   to   make   estimate 

for  expenses. 
Public   kindergarten. 
Maximum   of   levy. 
Estimate    to    be    certified    to    county 

auditor. 
Contingent    fund    of    joint    sub-school 

district. 
Action    against    board    having    control 

of  school   in  joint   sub-district. 
Same    when   county    line   divides   such 

subdistrict. 
Funds   of   district    composed    of    terri- 
tory in  more  than  one  county. 


Section. 


8964. 


39«. 


3960. 


3907. 


3968. 


3»7a 


8970-1. 

3970-2. 

8970-3. 
3970-4. 
3970-5. 
3970-6. 

3970-7. 
3970-8. 
8970-9. 


Apportionment  of  school  fund  hy 
county    auditor. 

Distribution  of  money  after  appor> 
lionment. 

Apportionment  of  common  school 
fund  by  county  auditor  when 
county  line  divides  original  sur- 
veyed township. 

Apportionment  of  school  contingent 
fund. 

How  contingent  fund  to  be  applied  in 
Toledo. 

County  commissioners  to  levy  coa- 
tingent  fund  when  board  neglects. 

County  auditor  to  collect  fines,  etc., 
and  inspect  section  sixteen  ac- 
counts. 

Tax  in  Cleveland  for  school  bonds 
and  the  interest. 

Sinking  fund  proceeds;  commission- 
ers; bond;  removal;  vacancies. 

Annual  appropriation  to  sinking  fund. 

Re-imbursement   of  any  loss. 

Repeals. 

Sinking  funds  in  city  districts  of  first 
class. 

Investment. 

Use  of  interest;  minimum  uninvested. 

Deposit  and  how  drawn. 


Sec.  3951.  ["The  state  common  school  fund"  and  "The  Ohio 
State  University  fund."]  For  the  purpose  of  affording  the  advant- 
ages of  a  free  education  to  all  the  youth  of  the  state,  there  shall 
be  levied  annually  a  tax  on  the  grand  list  of  the  taxable  prop- 
erty of  the  state,  which  shall  be  collected  in  the  same  manner  as 
other  state  taxes  and  the  proceeds  of  which  shall  constitute  "the 
state  common  school  fund ;"  and  for  the  purpose  of  higher,  agri- 
cultural and  industrial  education,  including  manual  training,  there 
shall  be  levied  and  collected  in  the  same  manner,  a  tax  on  the 
grand  list  of  taxable  property  of  the  state,  which  shall  constitute 
"the  Ohio  State  University  fund."  The  rate  of  such  levy  in  each  case 
shall  be  designated  by  the  general  assembly  at  least  once  in  two  years ; 
and  if  the  general  assembly  shall  fail  to  designate  the  rate  for  any  year, 
the  same  shall  be  for  "the  state  common  school  fund."  one  mill ;  and  for 
the  "Ohio  State  University  fund,"  fifteen  one-hundredths  of  one  mill,  for 
the  years  1900  and  1901,  and  thereafter  one-tenth  of  one  mill  upon  each 
dollar  of  valuation  of  such  taxable  property ;  provided,  that  the  five  one- 
hundredths  of  a  mill  increase  of  levy  for  the  "Ohio  State  University  fund" 
herein  provided  shall  be  used  solely  for  the  erection  and  equipment  of 


70  OHIO    SCHOOL    LAWS. 


Ch.  6 .  School  Funds. 


buildings  for  said  university.     (94  v.  81 ;  92  v.  59;  88  v.  159;  70  v.  195, 
§  126.) 

For  "an  act  prescribing  rate  of  state  taxes,"  see  Sec.  2820-1  R.  S. 
See  also  Sees.  236..  2820,  2821  R.  S. 

Sec.  3951a.  [Ohio  and  Miami  university  fund;  admission  of 
pupils.]  For  the  purpose  of  affording  adequate  support  to  the  Ohio 
university  and  to  the  Miami  university,  there  shall  be  levied  annu- 
ally a  tax  on  the  grand  list  of  the  taxable  property  of  the  state  of 
Ohio,  w^hich  shall  be  collected  in  the  same  manner  as  other  state 
taxes  and  the  proceeds  of  which  shall  constitute  the  "Ohio  and  Miami 
university  fund,"  The  rate  of  such  levy  shall  be  designated  by  the 
general  assembly  at  least  once  in  two  years,  and  if  the  general  as- 
sembly shall  fail  to  designate  the  rate  for  any  year,  the  same  shall 
be  for  the  said  "the  Ohio  and  Miami  university  fund"  three  one- 
hundredths  (.03)  of  one  mill  upon  each  dollar  of  valuation'  of  such 
taxable  property.  Said  Ohio  university  and  Miami  university  shall 
admit  free  of  tuition  all  residents  of  this  state  who  shall  conform  to 
the  standards  of  admission.     (92  v.  41.) 

Sec.  39516.  [Distribution  of  fund.]  The  said  "Ohio  and  Miami 
university  fund"  shall  be  distributed  and  paid  annually,  seven-twelfths 
(7-12)  thereof  to  the  treasurer  of  the  Ohio  university  upon  the  order  of 
the  president  of  the  board  of  trustees  of  said  Ohio  university,  and  five- 
twelfths  (5-12)  thereof  to  the  treasurer  of  the  Miami  university  upon  the 
order  of  the  president  of  the  board  of  trustees  of  the  said  Miami  uni- 
versity.    (92  V.  41.) 

Sec.  3952.  [  Interest  upon  proceeds  of  salt  and  swamp  lands.]  The 
state  shall  pay  interest  annually,  at  the  rate  of  six  per  cent  per  annum, 
upon  all  money  which  has  been  paid  into  the  state  treasury  on  account  of 
sales  of  lands  commonly  called  "salt  lands,"  and  upon  all  money  here- 
tofore paid,  or  which  may  hereafter  be  paid  into  the  state  treasury  on 
account  of  sales  of  swamp  lands  granted  to  the  state  of  Ohio  by  act  of 
congress;  the  money  received  from  such  sales  shall  constitute  an  irre- 
ducible debt  of  the  state ;  and  the  interest  shall  be  apportioned  annually 
on  the  same  basis  as  the  state  common  school  fund  is  apportioned,  and 
distributed  to  the  several  counties  as  provided  in  section  thirty-nine  hun- 
dred and  nUy-six.     (70  v.  195,  §  132 ;  49  v,  40,  §  i ;  S.  &  C,  1338.) 

As  to  proceeds  of  swamp  lands  under  the  act  of  1894,   see  Sec.  3107-120. 
As  to   swamp   lands   in    Paulding   county,    see  89  v.   232. 

Sec.  3953.  [The  "common  school  fund."]  The  money  which  has 
been  and  may  hereafter  be  paid  into  the  state  treasury  on  account  of  sales 
of  lands  granted  by  congress  for  the  support  of  public  schools  in  any 
original  surveyed  township,  or  other  district  of  country,  shall  constitute 
the  "common  school  fund,"  of  which  the  auditor  of  state  shall  be  super- 


OHIO   SCHOOL   LAWS.  71 


School  Funds.  Ch.  6. 


intendent,  and  the  income  of  which  shall  be  applied  exclusively  to  the 
support  of  common  schools,  in  the  manner  designated  in  this  chapter. 
(70  V.  195,  §§  127,  128;  S.  &  C.  1335.) 

Sec.  3954.  [Accounts  of  common  school  fund;  how  kept,  etc.] 
The  common  school  fund  shall  constitute  an  irreducible  debt  of 
the  state,  on  which  the  state  shall  pay  interest  annually,  at  the 
rate  of  six  per  cent,  per  annum,  to  be  computed  for  the  calendar 
year,  and  the  first  computation  on  any  payment  of  principal  here- 
after made  to  be  fron;  the  time  of  payment  to  and  including  the 
thirty-first  day  of  December  next  succeeding;  and  the  auditor  of 
state  shall  keep  an  account  of  the  fund,  and  of  the  interest  which 
accrues  thereon,  in  a  book  or  books  to  be  provided  for  the  purpose, 
with  each  original  surveyed  township  and  other  district  of  country 
to  which  any  part  of  the  fund  belongs,,  crediting  each  with  its 
share  of  the  fund,  and  showing  the  amount  of  interest  thereon  which 
accrues  and  the  amount  which  is  disbursed  annually  to  each,  (70  v.  195, 
§§128,  129;  S.&C.  1335.) 

Sec.  3955.  [Bequests,  etc.,  in  trust  for  common  school  fund.] 
When  any  grant  or  devise  of  land,  or  any  donation  or  bequest  of  money 
or  other  personal  property,  is  made  to  the  state  of  Ohio,  or  to  any 
person,  or  otherwise,  in  trust  for  the  common  school  fund,  the  same 
shall  become  vested  in  said  fund ;  and  when  the  money  arising  there- 
from is  paid  into  the  state  treasury,  proper  accounts  thereof  shall  be 
kept  by  the  auditor  of  state,  and  the  interest  accruing  therefrom 
shall  be  applied  according  to  the  intent  of  the  grantor,  donor,  or 
devisor.     (70  v.  195,  §  131 ;  S.  &  C.  1336.) 

Sec.  3956.  [Apportionment  of  school  funds  by  auditor  of  state.] 
The  auditor  of  state  shall  apportion  the  state  common  school  fund  to  the 
several  counties  of  the  state  semi-annually,  upon  the  basis  of  the  enumer- 
ation of  you^^h  therein,  as  shown  by  the  latest  abstract  of  enumeration 
transmitted  to  him  by  the  state  commissioner  of  common  schools ;  before 
making  his  February  settlement  with  county  treasurers,  he  shall  appor- 
tion such  amount  thereof  as  he  shall  estimate  to  have  been  collected  up 
to  that  time,  and,  in  the  settlement  sheet  which  he  transmits  to  the  auditor 
of  each  county,  shall  certify  the  amount  payable  to  the  treasurer  of  his 
county ;  before  making  his  final  settlement  with  county  treasurers  each 
year,  .he  shall  apportion  the  remainder  of  the  whole  fund  collected,  as 
nearly  as  the  same  can  be  ascertained,  and  in  the  August  settlement  sheet 
which  he  transmits  to  the  auditor  of  each  county  shall  certify  the  amount 
payable  to  the  treasurer  of  his  county ;  in  each  Februarj'  settlement  sheet 
he  shall  also  enter  the  amount  of  money  payable  to  the  county  treasurer 
on  the  apportionment  of  interest  specified  in  section  thirty-nute  hundred 
and  fifty-two;  he  shill  also  enter  in  each  February  settlement  sheet  the 


72  OHIO   SCHOOL   LAWS. 


Ch.  6.  School  Funds. 


amount  of  money  payable  to  the  county  treasurer  on  account  of  interest 
for  the  preceding  year  on  the  common  school  fund,  and  designate  the 
source  or  sources  from  which  the  interest  accrued ;  he  shall  transmit  with 
each  February  settlement  sheet  a  certified  statement,  showing  the 
amount  of  interest  derived  from  the  common  school  fund  payable  to  each 
original  surveyed  township  or  other  district  of  country  within  the  county ; 
and  the  treasurer  of  each  county  shall,  at  each  semi-annual  settlement 
with  the  auditor  of  state,  retain  in  the  county  treasury,  from  the  state 
taxes  collected  by  him,  the  amount  of  the  funds 'herein  mentioned  shown 
by  the  settlement  sheet  of  the  auditor  of  state  to  be  payable  to  him  at  that 
time ;  but  if  such  amount  for  any  county  exceeds  the  amount  of  state 
taxes  collected  therein,  the  auditor  of  state  shall  draw  an  order  on  the 
treasurer  of  state,  in  favor  of  the  treasurer  of  such  county,  for  the  balance 
of  school  funds  due  his  county,  and  transmit  the  same  to  such  county 
treasurer,  and  the  treasurer  of  state  shall  pay  such  order  upon  its  presen- 
tation to  him.     (70  V.  195,  §§  120,  130;  S.  &  C.  1359.) 

Cited  9  C.   C.  13.   18;  2  O.  D..   152. 

Sec.  3957.  [To  what  county  common  school  fund  paid  when 
county  line  divides  original  surveyed  township.]  If  parts  of  an 
original  surveyed  township  or  fractional  township  are  situate  in  two 
or  more  counties,  the  amount  of  interest  on  common  school  fund  due 
to  such  township  shall  be  paid  in  the  manner  provided  in  the  last 
section,  to  the  treasurer  of  the  county  wherein  the  greatest  relative 
portion  of  such  township  is  situate ;  but  if  it  be  uncertain  in  which 
county  such  portion  is  situate,  the  amount  of  interest  due  to  such 
township  shall  be  paid  to  the  treasurer  of  the  oldest  county  in  which 
any  part  of  the  township  is  situate.     (70  v.  195,  §  130.) 

Sec.  3958.  [Board  of  education  to  make  estimate  for  expenses.] 
Each  board  of  education  shall,  annually,  at  a  regular  or  special  meeting, 
to  be  held  between  the  third  Monday  in  April  and  the  first  Monday  in 
June,  determine  by  estimate,  as  nearly  as  practicable,  the  entire  amount 
of  money  necessary  to  be  levied  as  a  contingent  fund  for  the  continuance 
of  the  school  or  schools  of  the  district,  after  the  state  funds  are  exhausted, 
to  purchase  sites  for  school  houses,  to  erect,  purchase,  lease,  repair,  and 
furnish  school  houses,  and  build  additions  thereto,  and  for  other  school 
expenses.  (1884,  April  14:  81  v.  177,  178;  80  v.  124,  129;  80  v.  17; 
Rev.  Stat.  1880;   75  v.  526,  §  56;  75  v.  loi,  §  4.) 

For  "an  act  to  authorize  boards  of  education  in  cities  of  the  second  grade,  first  class, 
to  levy  a  tax  for  certain  purposes  therein   specified,"   see   Sec.   4019-18. 

For  "an  act  to  authorize  the  board  of  education  in  cities  of  the  first  class,  second 
grade,  to  make  additional  levy  for  school  purposes,"  passed  February  9,  1883  and  amended 
March  9,   1886,   see  83  v.  44. 

For  "an  act  to  authorize  boards  of  education  in  cities  of  the  first  grade,  sec6nd  class, 
to  establish  manual  training  schools  and  to  provide  for  their  equipment  and  maintenance," 
85  V.  251,  see  Sec.  4019-21. 

To  authorize  cities  of  the  fourth  grade,  second  class,  to  levy  a  tax  for  maintenance 
of  free  public  and  school  library,  see  Sec.  4002-46. 


OHIO   SCHOOL   LAWS.  78 


School  Funds.  Ch.  6. 


By  the  change  in  this  section  made  by  the  act  of  April  M,  188S  (84  v.  lU),  the  Cincin- 
nati school   district  is  withdrawn  from   its  operation.    W  O.  S.,  9M. 

See  decision  in  2   C.   C,   475,   under  Sec.   3967. 

"A  notice,  by  a  clerk  of  a  board  of  education,  of  a  tax  voted  by  the  board,  to  build 
a  school  house,  delivered  to  the  auditor  on  the  Uth  day  of  June,  is  sufficient  authority  to 
the  auditor  for   carrying   the   tax   into   his   duplicate."    II    Western    Law    Monthly,    588. 

"It  is  a  general  rule  that  statutes,  so  far  as  they  limit  a  time  for  the  performance  of  an 
act  by  a  public  officer,  for  the  public  benefit,  are  merely  directory,  when  time  is  not  "the 
essence  of  the  thing  to  be  done,  unless  there  are  negative  words,  and  the  act  is  valid  if 
done  afterwards.    Com. 

Tuition  from  non-resident  pupils  is  to  be  paid  to  the  board  of  education,  and  disbursed 
like  other  contingent  funds.  Neither  the  teacher  nor  the  directors  have  any  authority  to 
retain  or  to  pay  out  such  funds.    Com. 

The  term  "Contingent  Fund"  is  used  to  designate  the  local  levy,  because  the  amount 
of  it  is  contingent  on  the  difference  between  the  wants  of  the  district  and  the  amount  of  state 
funds  received.  It  includes  both  the  amount  levied  for  the  payment  of  teachers,  and  that 
for  building,  repairs  and  other  expenses.  The  language  of  this  section  and  that  of  section 
S967  seems  to  imply  that  the  state  funds  are  to  be  used  only  for  the  payment  of  teachers.    Com. 

Sec.  3958a.  [Public  kindergarten.]  Each  board  of  education  of 
any  city,  special  or  village  school  district  may,  if  they  so  choose,  at  any 
regular  or  special  meeting,  establish  public  kindergarten  schools  in 
connection  with  the  public  schools  of  said  city,  special  or  village  school 
district,  for  the  children  of  said  city,  special  or  village  school  district, 
between  the  ages  of  four  and  six  years ;  and  may,  at  the  meeting  provided 
for  in  section  3958,  determine  what  part  of  the  contingent  fund  provided 
for  in  sections  3958  and  3959  shall  be  set  aside  for  such  purpose ;  provided, 
no  part  of  the  state  fund  shall  be  appropriated  therefor ;  but  said  boards 
of  education  may  provide  an  additional  sum  for  said  kindergarten  instruc- 
tion by  the  levy  of  a  tax  not  exceeding  one  mill,  in  addition  to  the  levy 
provided  for  in  section  3959,  as  amended  March  24,  1892.    (90  v.  349.) 

Sec.  3959.  [Maximum  tax  levy  in  all  school  districts ;  exceptions.] 
Such  estimate  and  levy  shall  not  exceed,  in  cities  of  the  first  grade  of  the 
first  class,  three  and  one-fourth  mills,  provided,  however,  that  the  boards 
of  education  in  said  cities  may  levy  one  mill  additional  for  every  five  thou- 
sand pupils  over  and  above  twenty-five  thousand  enrolled  in  the  public 
schools  of  said  cities,  which  levy,  however,  shall  in  no  case  exceed  four 
and  one-tenth  mills;  and  in  the  cities  of  the  second  grade  of  the  first  class 
such  estimate  and  levy  shall  not  exceed  seven  mills  on  the  dollar  of 
valuation  of  taxable  property ;  provided,  however,  that  boards  of  educa- 
tion in  cities  of  the  second  g^ade  of  the  first  class  may  levy,  in  addition 
to  the  seven  mills  aforesaid,  a  tax  of  not  to  exceed  one  mill  on  the  dollar 
of  valuation  of  taxable  [property]  within  said  district  which  said  levy 
shall  be  used  for  the  purchase  of  school  house  sites  and  the  erection  of 
school  bunldings  thereon  and  for  no  other  purpose  whatever,  and  for 
the  purpose  of  paying  for  such  sites  or  for  the  construction  of  such 
buildings  such  boardf  of  education  may  issue  certificates  of  indebtedness 
in  anticipation  of  such  levy,  payable  at  such  times  not  exceeding  one 
year  from  date  of  issue  as  they  may  designate,  but  bearing  no  interest 
before  maturity.     And  in  all  [other]  districts,  except  those  hereinafter 


74  OHIO    SCHOOL    LAWS. 


Ch.  6.  School  Funds. 


named,  such  estimate  and  levy  shall  not  exceed  seven  mills  on  each  dollar 
of  valuation  of  taxable  property ;  provided,  however,  that  in  counties' 
containing  a  city  of  the  first  grade  of  the  first  class,  in  districts  outside 
such  city  in  which  a  high  school  is  maintained,  and  in  all  special  and 
village  districts  of  any  county  in  the  state,  such  estimate  and  levy  shall 
not  exceed  ten  mills  on  each  dollar  of  valuation  of  taxable  property ;  but 
a  greater  tax  than  is  authorized  above,  except  in  city  districts  of  the  first 
class,  may  be  levied*  for  either  of  the  purposes  specified  in  section  3958 
if  the  proposition  to  make  such  levy  shall  have  been  first  submitted  by 
the  board  of  education  to  a  vote  of  the  electors  of  the  school  district, 
under  a  resolution  prescribing  the  time,  place  and  manner  of  voting  on 
the  same,  and  approved  by  two-thirds  of  those  voting  on  the  proposition, 
notice  of  which  election  must  be  givQn  by  publication  of  the  resolution 
for  three  consecutive  weeks  prior  thereto  in  some  newspaper  published 
and  of  general  circulation  in  the  district  or  by  posting  copies  thereof  in 
five  of  the  most  conspicuous  places  in  the  district,  for  a  like  period  if  no 
such  paper  is  published  therein.  (94  v.  66;  92  v.  339;  92  v.  144;  91 
V.  42;  89  v.  142;  87  V.  136,  240;  81  V.  177,  178;  80  V.'  124,  129;  79 
V.  80;  Rev.  Stat.  1880;  61  v.  63,  §  2;  63  v.  15,  §  i;  75  v.  loi,  §  4; 
75  V.  526,  §  56;  S.  &  S.  775,  776.) 

Note:— In  will  be  noticed  that  section  3959  is  given  as  amended  March  22,  1900,  and 
April  10,  1900;  the  latter  amendment  did  not  repeal  the  former  except  by  implication,  they 
are   therefore   both   giv6n.    Com. 

See   first   and   second   reference   under   3958. 

For  "an  act  to  provide  for  the  appointment  of  (a)  tax  commission  in  certain  counties"; 
Sec.   2688-1,    R.   S. 

Increase  of  levy   for  schools  at   Niles;   see  91   v.   451. 

The  change  in  this  section  made  by  the  act  of  April  16,  1883,  withdrew  from  its  opera- 
tion  the   Cincinnati   school    district.    39   O.    S.,    654. 

In  regard  to  levy  for  township  schools  of  higher  grade  than  primary,  see  Sec.  4009-2. 

Sec.  3959.    [Maximum  tax  levy  in  all  school  districts ;  exceptions.] 

Such  estimate  and  levy  shall  not  exceed,  in  cities  of  the  first  grade  of  the 
first  class,  three  and  one-fourth  mills,  provided,  however,  that  the  boards 
of  education  in  said  cities  may  levy  one  mill  additional  for  every  five 
thousand  pupils  over  and  above  twenty-five  thousand  enrolled  in  the 
public  schools  of  said  cities,  which  levy,  however,  shall  in  no  case  ex- 
ceed four  and  one-tenth  mills;  and  in  cities  of  the  second  grade  of  the 
first  class  such  estimate  and  levy  shall  not  exceed  eight  mills  on  the 
dollar  of  valuation  of  taxable  property  for  the  year  1900,  nor  more  than 
seven  mills  on  the  dollar  of  valuation  of  taxable  property  thereafter; 
provided,  however,  that  boards  of  education  in  said  cities  of  the  second 
grade  of  the  first  clasj^  may  lev^,  for  the  year  1900,  in  addition 
to  the  eight  mills  aforesaid,  and  thereafter  may  levy  in  addition 
to  the  seven  mills,  a  tax  not  to  exceed  one  mill  on  the  dollar 
of  valuation  of  taxable  property  within  said  district  which  said 
levy    shall    be    used    for    the    purchase    of    school    house    sites    and 


OHIO   SCHOOL   LAWS.  75 


School  Funds.  •  Ch.  6. 


the  erection  of  school  buildings  thereon  and  for  no  other  purpose  what- 
ever, and  for  the  purpose  of  paying  for  such  sites  or  for  the  construction 
of  such  buildings  such  boards  of  education  may  issue  certificates  of  in- 
debtedness in  anticipation  of  such  levy,  payable  at  such  times  not  exceed- 
ing one  year  from  date  of  issue  as  they  may  designate,  but  bearing  no 
interest  before  maturity.  And  in  all  other  districts,  except  those  herein- 
after named,  such  estimate  and  levy  shall  not  exceed  seven  mills  on  each 
dollar  of  valuation  of  taxable  property;  provided,  however,  that  in  coun- 
ties containing  a  city  of  the  first  grade  of  the  first  class,  in  districts  outside 
such  city  in  which  a  high  school  is  maintained,  and  in  all  special  and 
village  districts  of  any  county  in  the  state,  such  estimate  and  levy  shall  not 
exceed  eight  mills  on  each  dollar  of  valuation  of  taxable  property;  but 
a  greater  tax  than  is  authorized  above,  except  in  city  districts  of  the  first 
class,  may  be  levied  for  either  of  the  purposes  specified  in  section  3958 
if  the  proposition  to  make  such  levy  shall  have  been  first  submitted  by  the 
board  of  education  to  a  vote  of  the  electors  of  the  school  district,  under 
a-  resolution  prescribing  the  time,  place  and  manner  of  voting  on  the 
same,  and  approved  by  two-thirds  of  those  voting  on  the  proposition, 
notice  of  which  election  must  be  given  by  publication  of  the  resolution 
for  three  consecutive  weeks  prior  thereto  in  some  newspaper  published 
and  of  general  circulation  in  the  district,  or  by  posting  copies  thereof  in 
five  of  the  most  conspicuous  places  in  the  district,  for  a  like  period  if  no 
such  paper  is  published  therein.     (94  v.  391.) 

See  note  to  above   section. 

Sec.  3960.  [Estimate  to  be  certified  to  county  auditor.]  The 
amount  so  estimated  the  board  shall  certify,  in  writing,  on  or  before 
the  first  Monday  in  June  in  each  year,  to  the  auditor  of  the  county 
to  which  the  district  belongs,  who  shall  assess  the  entire  amount 
upon  all  the  taxable  property  of  the  district,  and  enter  it  upon  the 
tax  list  of  the  county,  and  the  county  treasurer  shall  collect  the  same, 
at  the  same  time  and  in  the  same  manner  as  state  and  county  taxes 
are  collected,  and  pay  it  to  the  treasurer  of  the  district,  upon  the 
warrant  of  the  county  auditor;  and  unless  he  is  paid  a  fixed  salary, 
he  shall  receive  one  per  centum  on  all  money  so  collected,  and  no 
more.     (70  v.  195,  §§  57.  58.) 

Boards  of  education  required  to  certify  levy  for  building  and  other  purposes,  to  the 
county  auditor,   in  addition  to  the  levy  provided  for  in  Sees.  3969,  3960;  see  Sec.  3902. 

Where  a  board  of  education  certifies  an  estimate  of  a  school  tax  to  the  county  auditor, 
who  places  the  same  on  the  tax  list  in  a  reduced  form,  a  citizen  and  taxpayer  of  the  scTiooT 
district  who,  five  months  thereafter,  seeks,  by  mandamus  on  his  own  relation,  to  compel 
the  auditor  to  place  the  original  estimate  on  the  tax  list,  must  satisfy  the  court  that  the 
board  of  education   did  not  consent  to  the  reduction.    39  O.   S.,   466. 

By  amendments  to  sections  3958  and  3959,  Revised  Statutes,  passed  April  1(J,  1883,  the 
Cincinnati  school  district  is  withdrawn  from  their  operation;  and  also,  as  to  the  duties  of 
the  board  of  education  and  county  auditor.    39  O.   S.,   654. 

See  decision  in  2  C.  C,  475,  under  Sec.  3967. 

County  commissioners  to  act  as  board  of  education  in  cue  the  Utter  neglects  to  per- 
form its  duty;   see  Sec.  3969. 

See  note  in  regard  to  filing  certificate,  under  Sec  S968. 


76  OHIO   SCHOOL   LAWS. 


Ch.  6.  •  ,      School  Funds. 


Sec.  3961.  [Contingent  fund  for  joint  subdistrict ;  correction  of 
errors.]  For  a  joint  subdistrict  the  estimate  required  by  section 
3958  shall  be  made  by  the  board  of  education  having  the  control 
of  the  school  thereof,  and  apportioned  to  the  several  townships 
liaving  territory  therein  in  proportion  to  enumeration  of  youth  in 
the  territory  belonging  to  each.  The  board  shall  certify  such  esti- 
mate, so  apportioned,  to  the  county  auditor,  who  shall  add  the 
portion  for  each  township  to  the  estimate  for  a  contingent  fund 
•certified  to  him  by  its  board  of  education,  and  place  it  on  the  tax 
list  therewith  for  collection  as  part  of  the  township  estimate ;  when 
the  county  auditor  apportions  the  school  funds  he  shall  transfer  to  the 
township  having  control  of  the  school,  from  the  other  townships,  the 
'amount  so  assessed  and  collected,  and  certify  to  the  clerk  and  treasurer 
■of  each  township  the  amount  due  the  board  in  control  of  said  school,  in- 
cluding state  tax,  interest  on  the  common  school  fund,  contingent  fund, 
and  money  received  from  other  sources,  which  amount  shall  be  paid  to  the 
treasurer  of  the  board  having  control  of  the  school ;  and  such  board  shall 
cause  to  be  kept  such  accounts  as  will  show  the  funds  received  from  each 
township,  and  the  disposition  thereof,  and  transmit  to  the  other  board  or 
boards  interested,  at  the  end  of  the  school  year,  a  statement  of  such  receipts 
and  expenditures.  When  it  has  been  brought  to  the  attention  of  the 
county  auditor  that  any  township  having  teritory  in  a  joint  subdistrict  has 
not,  by  reason  of  errors,  mistakes,  omissions  or  otherwise,  contributed  its 
pro  rata  share  of  the  expenses  establishing  said  district,  building,  repairing 
or  furnishing  school  house,  and  other  necessary  building  or  buildings,  and 
maintaining  the  school  or  schools  in  the  said  joint  subdistrict,  the  auditor 
of  the  county  shall,  after  giving  ten  day's  notice  to  the  clerks  of  the  boards 
of  education  of  the  townships  having  territory  in  the  said  joint  subdistrict, 
proceed  to  correct  any  and  all  mistakes,  errors  or  omissions  which  have,  or 
may  hereafter  occurr  by  reason  of  any  error,  mistake  or  omission  of  the 
township  clerk  or  clerks,  or  county  auditor,  respecting  the  certification  of 
the  appointment  or  distribution  of  the  funds  between  the  several  town- 
ships having  territory  in  the  said  joint  subdistrict,  the  same  as  making 
distribution  of  the  school  funds  for  the  current  year,  and  in  correct- 
ing any  error,  mistake  or  omission,  the  county  auditor  shall,  annually 
-thereafter,  levy  upon  the  tax  duplicate  of  the  township  or  townships 
so  found  indebted  to  other  townships  having  territory  in  the  said  joint 
subdistrict,  such  an  additional  rate  per  cent,  of  levy  from  year  to  year 
as  will  be  sufficient  to  liquidate  one-third  of  such  indebtedness  so  ascer- 
tained by  the  county  auditor,  each  year,  until  the  amount  so  found  due  by 
said  county  auditor  has  been  fully  liquidated.  (91  v.  20;  89  v.  95;  'jy  v. 
44;  Rev.  Stat.  1880;   75  v.  84,  §  35.) 

Sec.  3961a.  [Action  against  board  having  control  of  school  in 
joint  subdistrict.]     In  case  the  board  of  education  having  control  of 


OHIO   SCHOOL   LAWS.  77 


School  Funds.  Ch.  6. 


the  school  in  any  joint  subdistrict  shall  fail  or  neglect  to  perform 
any  of  its  duties  as  provided  in  section  thirty-nine  hundred  and 
sixty-one;  or  if  said  board  shall  use  or  expend  any  part  of  the 
funds  belonging  to  a  joint  subdistrict  for  any  other  purpose  than 
for  the  use  of  the  schools  of  such  joint  subdistrict ;  or  shall  fail 
or  neglect  at  all  times  to  keep  the  funds  belonging  to  such  joint 
subdistrict  in  the  treasury,  the  board  of  education  of  any  township 
having  territory  in  such  joint  subdistrict  may  maintain  an  action 
in  its  own  name,  in  any  court  having  jurisdiction  against  the  board 
of  education  having  control  of  the  school,  to  compel  such  board  to 
perform  its  duty,  or  to  restore  to  the  treasury  any  funds  which  may 
have  been  unlawfully  appropriated  or  taken  therefrom ;  and  such  board 
in  addition  to  costs,  shall  be  liable  for  all  necessary  expenses  incurred 
in  the  prosecution  of  such  action  in  the  event  of  judgment  being  rendered 
against  it.  All  actions  under  this  section  shall  be  commenced  within  six 
years  from  the  time  the  right  of  action  accrued ;  but  such  right  of  action 
shall  not  be  deemed  to  have  accrued,  until  the  discovery  thereof.     (91  v. 

258.) 

See.  3962.  [Same  when  county  line  divides  such  subdistrict.] 
When  a  joint  subdistrict  is  composed  of  fractions  of  two  or  more 
counties, .  such  estimate  shall  be  apportioned  to  the  townships,  as 
provided  in  the  preceding  section,  and  the  amount  apportioned  to 
the  township  or  townships  belonging  to  each  county  shall  be  certi- 
fied by  the  board  to  the  auditor  thereof,  whose  duties  in  the  premises 
shall  be  the  same  as  prescribed  for  the  auditor  in  the  preceding  sec- 
tion, so  far  as  the  provisions  thereof  are  applicable ;  and  the  board 
shall  keep  accounts,  and  report  receipts  and  expenditures,  as  provided 
in  said  section.     (72  v.  63.  §  36.) 

Sec.  3963.  [Funds  of  district  composed  of  territory  in  more  than 
one  county.]  The  funds  belonging  to  a  district  composed  of  territory 
in  more  than  one  county  shall  be  paid  by  the  treasurers  of  the  other 
counties  to  the  treasurer  of  the  county  in  which  the  school  house  of  the 
district  is  situate ;  the  auditors  of  the  other  counties  shall  make  settlement 
on  account  of  such  funds  with  the  auditor  of  the  county  in  which  such 
school-house  is  situate ;  and  the  treasurer  of  the  district  shall  make 
the  settlement  required  by  section  thirty-nine  hundred  and  sixty-six 
with  such  auditor. 

Sec.  3964.  [Apportionment  of  school  fund  by  county  auditor.] 
Each  county  auditor  shall,  annually,  immediately  after  his  annual  settle- 
ment with  the  county  treasurer,  apportion  the  school  funds  for  his  county; 
the  state  common  school  fund  shall  be  apportioned  in  proportion  to  the 
enumeration  of  youth,  to  districts,  subdistricts,  and  joint  subdistricts, 
and  fractions  of  districts  and  joint  subdistricts  within  the  county ;  but  if 
an  enumeration  of  youth  of  any  district,  for  any  year,  has  not  been  taken 


78  OHIO    SCHOOL    LAWS. 


Ch.  6.  School  Funds. 


and  returned,  such  district  shall  not  be  entitled  to  receive  any  portion 
of  said  fund ;  the  contingent  funds  collected  from  the  several  districts  shall 
be  paid  to  the  districts  to  which  they  respectively  belong;  money  re- 
ceived from  the  state  on  account  of  interest  on  the  common  school  fund 
shall  be  apportioned  to  the  school  districts  and  parts  of  school  districts 
within  the  territory  designated  by  the  auditor  of  state  as  entitled  thereto, 
in  proportion  to  the  enumeration  of  youth  therein,  and  all  other  money 
in  the  county  treasury  for  the  support  of  common  schools,  and  not  other- 
wise apprpriated  by  law,  shall  be  apportioned  annually  in  the  same  man- 
ner as  the  state  common  school  fund.  (1880,  March  9;  77  v.  58;  Rev. 
Stat.  1880;  70  v.  195,  §  120.) 

See  decision  in  2  C.  C,  475,  under  Sec.  3967. 

The  auditor's  duty  to  apportion  the  state  common  school  fund  among  the  districts, 
according  to  the  number  of  youth  (Sec.  3964),  is  not  excused  by  his  inability  to  apportion 
other  funds.  His  failure  to  apportion  such  fund  does  not  authorize  the  township  school  board 
to  treat  it  as  a  contingent  fund  and  apportion  it  at  discretion.  Hence,  the  indebtedness  of 
the  township  board  for  building  school  houses  in  an  amount  exceeding  all  the  funds  is  fto 
defense  to  a  salary  order  of  a  teacher  in  a  sub-district,  entitled  to  one-iourth  of  the  state 
common  school  fund,   its  contingent  fund  being  exhausted.    9  C.   C,  13. 

Sec.  3965.     [Distribution  of  money  after  apportionment..]     The 

auditor  shall  immediately  after  such  apportionment  is  made,  enter 
the  same  in  a  book  to  be  kept  for  that  purpose,  and  furnish  a  certi- 
fied copy  of  the  apportionment  to  each  school  treasurer  and  clerk  of 
his  county;  and  he  shall  give  to  each  of  such  treasurers  an  order 
of  the  county  treasurer  for  the  amount  of  money  payable  to  him, 
and  take  his  receipt  therefor.     (70  v,  195,  §  120.) 

Boards  of  education  can  leave  school  moneys  in  county  treasury  and  draw  the  same 
from  time  to  time  in  amounts  of  not  less  than  one  hundred  dollars;   see   Sec.   1122. 

County  auditors  shall  in  no  case  permit  treasurer  to  have  in  his  hands  school  funds 
amounting  to  more  than  one-half  the  amount  of  his  bond;  see  Sec.  4048. 

See  decision  in  2  C.   C,   475,   under  Sec.  3967. 

Sec.  3966.  [Apportionment  of  common  school  fund  by  county  au- 
ditor when  county  line  divides  original  surveyed  township.]  When  an 
original  surveyed  township  or  fractional  township  is  situate  in  two  or 
more  counties,  and  the  land  granted  thereto  by  congress  for  the  sup- 
port of  public  schools  has  been  sold,  the  auditor  of  the  county,  to  whose 
treasurer  the  interest  on  the  proceeds  of  such  sale  is  paid,  shall  apportion 
such  interest  to  the  counties  in  which  such  township  is  situate,  in  propor- 
tion to  the  youth  of  the  township  enumerated  in  each ;  such  auditor  shall 
certify  to  the  auditor  of  each  of  the  other  counties  the  amount  so  ascer- 
tained to  belong  to  the  part  of  the  township  situate  in  his  county,  and 
transmit  to  the  treasurer  of  each  of  such  counties  an  order  on  the  treasurer 
of  his  own  county  for  such  amount ;  and  the  auditor  of  each  county  shall 
apportion  the  amount  of  such  interest  belonging  to  the  part  of  the  town- 
ship in  his  county,  to  the  districts  or  parts  of  districts  entitled  thereto, 
in  proportion  to  the  enumeration  of  youth  therein,  and  certify  and  pay 


OHIO   SCHOOL   LAWS.  79 


School  Funds.  Ch.  6. 


the  same  to  the  proper  school  officers,  as  provided  in  the  preceding  section. 
(70  V.  195,  §§  I2J,  122;  72  V.  63,  §  36.) 

Sec.  3967.  [Apportionment  of  school  contingent  fund.]  So  much 
of  the  contingent  fund  as  may  be  set  apart  by  a  township  board  for  the 
continuance  of  schools  after  the  state  funds  are  exhausted,  shall  be  so 
apportioned  by  the  board  that  the  schools  in  all  the  subdistricts  of  the 
township  shall  be  continued  the  same  length  of  time  each  year ;  and  if 
the  apportionment  be  not  satisfactory  to  the  directors  of  any  subdistrict, 
or  a  majority  of  them,  they  may  give  notice  thereof,  in.  writing,  to  the 
county  commissioners,  who,  at  their  first  regular  meeting  for  the  trans- 
action of  business,  after  the  receipt  of  such  notice,  shall  revise  the  appor- 
tionment, and  the  amount  aforesaid  shall  be  apportioned  in  the  manner 
determined  by  the  commissioners ;  but  neither  the  township  board  nor 
the  commissioners  shall  reapportion  any  funds  which  were  apportioned 
among  the  subdistricts  before  any  preceding  annual  settlement,  and  in 
making  an  apportionment  of  funds,  the  amount  set  apart  for  any  sub- 
district  shall  not  be  increased  or  diminished  by  reason  of  any  deficit 
or  surplus  in  the  funds  previously  apportioned  to  such  subdistrict. 
(1885,  March  20:  82  v.  92 ;  Rev.  Stat.  1880;  70  v.  195,  §  60.) 

The  amount  of  funds  apportioned  to  any  sub-district  for  school  purposes  in  any  one 
year  cannot  be  increased  or  diminished  by  reason  of  any  deficit  or 'surplus  in  the  funds  pre- 
viously apportioned   to   that   sub-district   or  to   any   other   sub-district.    2   C.    C,    475. 

An  equal  division  of  the  school  funds  of  a  township  between  the  several  sub-districts  U 
not  required,  and  such  a  division  would,  in  a  very  few  instances,  be  an  equitable  one.  The 
object  to  be  attained  is  to  afford  equal  school  facilities  to  all  the  children  of  a  district  as 
nearly  as  possible.    Com. 

Sec.  3968.  [How  contingent  fund  to  be  applied  in  Toledo.]  In 
the  city  of  Toledo,  at  each  annual  settlement  of  the  treasurer  of  the 
board  of  education  with  the  county  auditor,  there  shall  be  placed  to  the 
credit  of  a  sinking  fund  so  much  of  the  proceeds  of  the  levy  for  con- 
tingent fund,  as  would  be  produced  by  a  levy  of  two  mills  and  the 
treasurer  shall  apply  the  same  in  payment  of  school  bonds,  dnd  in- 
terest thereon,  and  to  no  other  purpose.  (1884,  Feb.  26;  81  v.  26; 
Rev.  Stat.  1880;  75  v.  526,  §  56.) 

Sec.  3969.  [County  commissioners  to  levy  contingent  fund  when 
board  neglects.]  If  the  board  of  education  of  any  district  fail  in  any 
year  to  estimate  and  certify  the  levy  for  a  contingent  fund,  as  required 
by  this  chapter,  or  to  provide  sufficient  school  privilege  for  all  the  youth 
of  school  age  in  the  district  or  to  provide  for  the  continuance  of  any  school 
in  the  district  for  at  least  six  months  in  the  year,  or  to  provide  for  each 
school  an  equitable  share  of  school  advantages  as  required  by  this  title,' or 
to  provide  suitable  school  houses  for  all  the  schools  under  its  cntrol,  the 
commissioners  of  the  county  to  which  such  district  belongs,  upon  being  ad- 
vised and  satisfied  thereof,  shall  do  and  perform  any  or  all  of  said  duties 
and  acts,  in  as  full  a  manner  as  the  board  of  education  is  by  this  title 


80  OHIO    SCHOOL    LAWS. 


Ch.  6.  School  Funds. 


authorized  to  do  and  perform  the  same ;  and  the  members  of  a  board  who 
cause  such  failure  shall  be  each  severally  liable,  in  a  penalty  not  exceeding 
fifty  nor  less  than  twenty-five  dollars,  to  be  recovered  in  a  civil  action 
in  the  name  of  the  state  upon  complaint  of  any  elector  of  the  district, 
which  sum  shall  be  collected  by  the  prosecuting  attorney  of  the  county, 
and  when  collected  shall  be  paid  into  the  treasury  of  the  county,  for  the 
benefit  of  the  school  or  schools  of  the  district.     (72  v.  59,  §  59.) 

An  appointment  of  superintendent  of  schools  by  the  county  commissioners  on  failure 
of  a  village  school  board  to  elect  is  the  same  as  if  appointed  by  the  bo^rd;  he  is  to  be  paid 
out  of  its  funds.     3   N.    P.,   236. 

If  a  board  has  levied  up  to  the  full  limit- allowed  by,  law,  and  the  sum  produced  is  not 
sufficient  to  continue  the  schools  of  the  district  for  six  months,  there  seems  to  be  no  remedy. 
But  if  a  levy  under  this  limit  fails  to  sustain  the  schools  for  the  minimum  time  prescribed 
in  this  section,  then  an  appeal  should  be  made  to  the  county  commissioners,  whose  duly 
it  will  be  to  raise  the  levy  to  the  highest  limit  warranted  by  the  law;  and  they  will  be  justi- 
fied in  acting  as  soon  as  they  are  satisfied  that  the  amount  levied  by  the  board  of  the  district 
will   be   insufficient   to   meet   the   demands   of   the   law.    Cora. 

The  law  does  not  seem  to  intend  that  the  commissioners  shall  stop  a  school  which  has 
come  under  their  control,  when  six  months'  school  has  been  taught  during  the  year.  They 
should  be  governed  by  the  customs  of  the  district.  In  a  city  they  should,  keep  up  the  schools 
forty  weelfts,   if  that  has  been  the  custom.    Com. 

Sec.  3970.  [County  auditor  to  collect  fines,  etc.,  and  inspect  sec- 
tion sixteen  accounts.]  The  auditor  of  each  county  shall  collect,  or 
cause  to  be  collected,  all  fines  and  other  money,  for  the  support  of 
common  schools  in  his  county,  and  pay  the  same  to  the  county 
treasurer ;  he  shall  inspect  all  accounts  of  interest  accruing  on  ac- 
count of  section  sixteen  or  other  school  lands,  whether  the  same  is 
payable  by  the  state  or  by  the  debtors ;  and  he  shall  take  all  proper 
measures  to  secure  to  each  school  district  in  his  countv  the  full 
amount  of  school  funds  to  which  it  is  entitled.     (70  v.  195,  §  120.) 

Surplus  in  Dow  tax  may  be  transferred  to  school  fund;  see  Sec.  2834d,  94  v.  60. 

FINES  TO    BE   PAID   INTO   SCHOOL   FUND. 

Sees.  1050  and  1051.     Penalty  against  county  auditors  for  failing  to  report  to  state  auditor. 

Sees.   1052  and  4215.     Relating  to   dog  tax. 

Sec.  1279.  Relating  to  the  disposition  of  the  proceeds  of  the  sale  of  timber  growing  on 
state   or   school   lands,    unlawfully   cut   down. 

Sees.  1280  and  1281.  Providing  for  the  disposition  of  the  proceeds  of  the  sale  of  un- 
claimed property,   stolen,   embezzled,   or  obtained  under  false  pretenses. 

Sec.   1375.     Penalty  against  township  trustees  and   treasurers  who  refuse  to   serve. 

Sec.   1504.     Penalty  against   township   clerk    for   failure   to   make   detailed   statement. 

Sec.  1524.  Penalty  against  assessors  for  negrecting  or  refusing  to  make  out  and  return 
statistics. 

Sec.  1525.  Penalty  against  any  person,  company,  or  corporation,  refusing  to  make 
out  and  deliver  a  statement  of  facts  for  taxation. 

Sec.  3225.  Relating  to  the  proceeds  of  the  sale  of  unclaimed  goods  by  express  companies, 
common   carriers,    etc. 

Sec.  3479.     Penalty  for  avoiding  toll  on  turnpikes  or  plank  road; 

Sec.  3969.  Penalty  against  member  of  board  of  education  who  fails  to  perform  certain 
duties. 

Sec.  4027.  Penalty  against  parents  and  guardians  for  detaining  children  from  school 
contrary  to   law. 

Sec.  4038.  Penalty  against  the  clerk  of  a  local  board  for  failure  to  take  the  school 
enumeration. 


OHIO   SCHOOL    LAWS.  81 


School  Funds.  Ch.  6. 


Sec.    4045.    Penalty    against    treasurers    of    school    districts    for    failure    to    make    annual, 
settlement. 

Sec.  4061.  Penalty,  against  county  auditors  and  clerks  of  bovds  of  education  for  failing 
to  make  certain   reports. 

Sec.  4063.    Penalty  against  county  auditors  for  failure  t<9  make  enumeration  return. 

Sees.  4068  and  4089.  Penalty  against  institute  committee  for  failure  to  make  requirod 
report. 

Sees.  4201  and  42(V|.    Penalty  for  allowing  certain  animals  to  run  at  large. 

Sec.   421S.    Penalty  again»t  fishing  unlawfully. 

Sec.  4382.    Penalty  against  owners  or  keepers  of  wharf  boats. 

Sec.  4308.     Relating   to   peddlers'   license. 

Sees.  4401  and   4402.    Penalties  against   pcddlets  who  do  not  obtain  a  license. 

Sec.  4487.  Penalty  against  auditors,  engineers,  commissioners,  and  probate  judges,  who 
fail  to  perform  certain  duties  relating  to  county  ditches,  sinkholes,  etc. 

Sec.  tiSiH).  I'enalty  against  assessors,  physicians,  midwives,  clergymen,  sextons  and 
probate  judges,  who  fail  to  furnish   statistics  of  births  and  deaths. 

Sec.   6986-10.    Unlawful  employment   of  minors. 

SIN^CING   FUNDS. 

(3970)  Sec.  I.  [Tax  in  Cleveland  for  school  bonds  and  interest.] 
Boards  of  education  in  city  districts  of  the  second  grade  of  the  first  class 
are  hereby  authorized  and  required,  for  the  purpose  of  providing  for  the 
payment  of  bonds  of  said  boards  and  the  interest  thereon,  to  levy,  annu- 
ally, for  a  period  of  nine  years  beginning  with  the  year  1894  and  ending 
with  the  year  1902,  upon  the  general  tax  duplicate  of  said  city  district  in 
addition  to  its  levys  for  all  other  purposes,  a  tax  not  exceeding  two- 
fifths  of  a  mill  on  the  dollar  in  each  year ;  and  said  boards  of  education 
are  hereby  authorized  and  required,  for  the  purpose  of  providing  for  the 
payment  of  said  bonds  and  interest  as  aforesaid,  to  levy,  annually,  for 
the  period  of  five  years  beginning  with  the  year  1903  and  ending  with  the 
year  1907,  upon  the  general  tax  duplicate  of  said  city  districts,  in  addi- 
tion to  its  lews  for  all  other  purposes,  a  tax  not  exceeding  one-fifth  of  a 
mill  on  the  dollar  in  each  year ;  and  the  tax  to  be  so  levied  shall  be  applied 
to  no  other  purpose  than  the  payment  of  said  bonds  and  interest  thereon ; 
provided,  that  in  case  said  boards  of  education  shall  refuse,  fail  or  neglect 
to  create  a  sinking  fund,  and  to  appropriate  to  use  thereof  the  money 
as  hereinafter  provided,  then  and  in  that  case,  immediately  upon  such 
refusal,  failure  or  neglect,  the  authority  to  levy  the  tax  herein  provided 
for  shall  cease.     (90  L.  L.  97.) 

(3970-2)  Sec.  2.  [ Sinking  fund  proceeds ;  commissioners;  bond; 
removal;  vacancies.]  That  it  is  hereby  made  the  duty  of  said  boards 
of  education  within  one  year  after  the  passage  of  this  act,  for  the 
purpose  of  providing  the  means  to  pay  the  principal  of  all  bonds 
and  interest  thereon  as  provided  in  section  one  of  this  act,  to  create 
a  sinking  fund,  and  no  part  of  said  fund  so  created,  and  none  of 
the  money  deposited  in  or  appropriated  to  the  use  of  said  sink- 
ing fund  shall  be  used  for  any  other  purpose  whatever  than  that 
for  which  it  was  created ;  and  the  said  boards  of  education  shall 
provide  for  the  control  and  management  of  said  sinking  fund  and 

6    S.  L. 


82  OHIO    SCHOOL    LAWS. 


Ch.  6.  School  Funds. 


*  for  the  appointment  of  five  commissioners  who  shall  be  known  as 
the  "board  of  education  sinking  fund  commissioner" ;  and  they  shall 
be  appointed  by  the  said  boards  of  education,  and  serve  without  pay, 
and  each  shall  give  bond  in  such  sum. as  may  be  fixed  by  said  boards  of 
education,  and  said  commissioners  shall  not  be  removed  from  office  ex- 
cept by  the  said  boards  of  education  for  cause,  and  the  order  for  such  re- 
moval shall  be  in  writing,  specifying  the  reason  therefor,  and  all  vacancies 
''  occurring  in  said  sinking  fund  commission  shall  be  filled  by  the  said 
boards  of  education.     (90  L.  L.  97.) 

(3970-3)  Sec.  3.  [Annual  appropriation  to  sinking  fund.]  That 
said  boards  of  education  shall  appropriate  to  the  use  of  said  sinking 
fund  when  so  created,  the  tax  provided  for  in  section  one  of  this  act ; 
and  it  shall  further  be  the  duty  of  said  boards  of  education,  annually, 
for  a  period  of  fourteen  years  beginning  with  the  year  1894  and 
ending  with  the  year  1907,  to  appropriate  to  the  use  of  such  sinking 
fund  when  so  created  from  the  regular  revenues  of  said  boards  pro- 
vided for  by  law  prior  to  the  passage  of  this  act,  the  sum  of  forty 
thousand  dollars.     (90  L.  L.  97.) 

(3970-4)  Sec.  4.  [Reimbursement  of  any  loss.]  That  it  shall  be 
the  duty  of  said  boards  of  education  to  appropriate  to  the  use  of  said 
sinking  fund,  all  money  that  may  hereafter  be  paid  into  their  respective 
treasuries  to  make  good  any  loss  sustained  or  occasioned  by  reason 
of  the  defalcation  of  the  treasurer  of  any  of  said  boards  of  education. 
(90  L.  L.  97-)  ■ 

(3970-5)  Sec.  5.  [Repeals.]  That  all  the  provisions  of  the  stat- 
utes of  this  state  in  force  when  this  act  takes  effect,  which  conflict  with 
any  of  the  provisions  of  this  act  shall  be  held  to  be  superceded  by  the 
latter,  and  as  to  the  matter  of  inconsistency  and  not  otherwise,  the  same 
are  hereby  repealed.     (90  L.  L.  97.) 

(3970-6)  Sec.  I.  [Sinking  fund  in  city  districts  of  first  class.]  For 
the  purpose  of  creating  a  sinking  fund  for  the  gradual  extinguishment 
of  the  bonded  indebtedness  of  city  school  districts  of  the  first  class,  the 
board  of  education  of  such  districts  shall  annually  and  not  later  than 
the  first  day  of  January,  of  each  year,  set  aside  from  its  revenue,  until 
payment  of  the  bonded  indebtedness  be  fully  provided  for,  a  sum  not 
less  than  one-twentieth  of  the  total  bonded  indebtedness,  outstanding  at 
said  first  day  of  January.  The  sum  so  set  aside  shall  be  deposited  in 
the  treasury  and  applied  by  order  of  the  board  of  education  to  the 
extinguishment  of  the  bonded  indebtedness  and  to  no  other'  purpose. 
(92  v.  367.) 

(3970-7)  Sec.  2.  [Investment.]  The  board  of  education  shall  in- 
vest-all moneys  set  aside  for  sinking  fund  purposes  in  bonds  of  the 
United  States,  State  of  Ohio,  city  of  Cincinnati,  city  of  Toledo,  city  of 
Columbus,  or  in  bonds  of  its  own  issue.     (92  v.  367.) 


OHIO   SCHOOL  LAWS.  83 


School  Funds.  Ch.  6. 


(3970-8)  Sec.  3.  [Use  of  interest;  minimum  uninvested.]  All  in- 
terest received  from  such  investments  shall  be  deposited  in  the  treasury 
to  the  credit  of  the  sinking  fund,  and  reinvested  in  like  manner.  At 
no  time  shall  there  be  over  one  thousand  dollars  kept  on  deposit  if  in- 
vestment can  be  made  without  jeopardizing  the  prompt  redemption  of 
bonds  failing  due.     (92  v.  367.) 

(3970-9)  Sec.  4.  [Deposit  and  how  drawn.]  All  assets  belong- 
ing to  the  sinking  fund  shall  be  deposited  in  the  treasury,  and  when  so 
deposited  they  shall  be  drawn  only  on  the  written  order  of  the  board 
of  education,  signed  by  its  president  and  countersigned  by  its  clerk. 
(92  v.  368.) 


84 


OHIO    SCHOOL    LAWS. 


Ch.  7. 


Provisions  Applying  to  All  Boards. 


CHAPTER  7. 

PROVISIONS  APPI^YING  TO  ALL  BOARDS. 


Section. 

3970-10.    Women    may   vote   and   be   voted   for 

at    certain    school    elections. 
3970-11.    Separate  ballot  boxes. 
3970-12.    Registration. 

Corporate    powers    of    board    of    edu- 
cation;   sales    of    property    exceed- 
ing $300  in  value;  exchange  of  real 
estate   with    municipal    corporation. 
What   property   the   boards   have  title 

to. 
School    property    exempt    from    ta.xa- 

tion. 
Conveyances   and   contracts. 
Boards   may  accept  bequests. 
Process     against     boards     and      how 
served. 


3971. 


3972. 

3973. 

3974. 
3975. 
3976. 


Section. 
3977. 

397S. 
3979. 
3980. 
39S1. 


39S2. 


39S3. 
3984. 


3985. 


Prosecuting  attorney  to  act  as  counr 
sel    of   school    boards. 

Tie  votes  to  be  decided  by  lot. 

Oath   of   members   and   other   officers. 

Organization;   selection  of  officers. 

Vacancies  in  board;  office  of  sub- 
director;   how   filled. 

Quorum;  yeas  and  nays  to  be  taken 
in  certain   cases. 

Absence  of  president   or  clerk. 

Record  of  proceedings,  and  attesta- 
tion   thereof. 

Boards  to  make  rules;  illegal  meet- 
ings. 

Board  may  make  and  enforce  rules 
for  vaccination. 


39SG-1.      Display  of  U.   S.  flag. 

(3970-10)  Sec.  I.  [Women  may  vote  and  be  voted  for  at  certain 
school  elections.]  Every  woman  born  or  naturalized  in  the  United 
States,  of  the  age  of  twenty-one  years  and  upward,  who  shall  have  been 
a  resident  of  the  state  one  year,  and  of  the  county,  town,  township  or 
other  election  district  such  time  as  the  law  provides  for  men,  preceding 
any  election  held  for  the  purpose  of  choosing  any  school  director,  mem- 
ber of  the  board  of  education  or  school  council  under  the  general  or 
special  laws  of  the  state,  shall  be  entitled  to  vote  and  be  voted  for  at  such 
election  for  any  such  officer  or  officers,     (91  v.   182.) 

The  constitutional  power  of  the  legislature  to  provide  for  common  schools  is  not  limited 
by  the  definition  of  elector  in  Const.,  V,  Sec.  1,  and  the  right  to  vote  for  school  officers  may 
be  conferred  on  women.    9  C.   C,   134. 

This  section  limits  the  voting  privileges  of  women,  it  does  not  entitle  them  to  vote 
on  such  questions  as  special  tax  levy,  bond  issue,  erection  of  public  buildings,  etc.,  although 
the  same  be  for  school  purposes.    Com. 

(3970-11)  Sec.  2.  [Separate  ballot  baxes.]  A  separate  box  shall 
be  provided  for  the  ballots  of  those  voting  for  any  such  office  mentioned 
in  section  one  of  this  act.     (91  v.  182.) 

More  than  one  ballot  box  is  only  required  where  officers  are  to  be  elected  for  whom 
women   cannot  vote.    Com. 

(3970-12)  Sec.  3.  [Registration.]  All  laws  relating  to  the  regis- 
tration of  voters  shall  apply  to  women  upon  whom  the  right  to  vote  is 
herein  conferred,  provided,  that  the  names  of  such  women  may  be  placed 
upon  a  separate  list.     (91  v.  .182.) 

Sec.  3971.  [Corporate  powers  of  board  of  education;  sales  of 
property  exceeding  three  hundred  dollars  in  value;  exchange  of 
real  estate  with  municipal  corporation.]  The  boards  of  education 
of  all  school  districts  now  organized  and  established,  and  of  all 
school  districts  organized  under  the  provisions  of  this  title,  shall 
be  and  they  are  hereby  declared  to  be  bodies  politic  and  corporate. 


OHIO   SCHOOL    LAWS.  86 


Provisions  Applying  to  All  Boards.  Ch.  7. 

and,  as  such,  capable  of  suing  and  being  sued,  contracting  and 
being  contracted  with,  ac(|uiring.  holding,  possessing,  and  dispos- 
ing of  property,  both  real  and  personal,  and  taking  and  holding 
in  trust,  for  the  use  and  benefit  of  such  districts,  any  grant  or  devise 
of  land,  and  any  donation  or  be(iuest  of  money  or  other  personal  prop- 
erty, and  of  exercising  such  other  powers,  and  having  such  other 
privileges  as  are  conferred  by  this  title:  but  when  a  board  of  edu- 
cation decides  to  dispose  of  any  property,  real  or  personal,  held  by 
it  in  its  corporate  capacity,  exceeding  in  value  three  hundred  dollars, 
it  shall  sell  the  same  at  public  auction,  after  giving  at  least  thirty  days' 
notice  thereof,  by  pul)lication  in  some  newspaper  of  general  circula- 
tion, or  by  posting  notices  in  five  of  the  most  public  places  in  the  dis- 
trict in  which  such  property  is  situate.  Provided,  that  when  such 
board  has  twMce  offered  a  tract  of  real  estate  for  sale  at  public 
auction,  as  hereinbefore  provided,  and  the  same  is  not  sold,  the 
board  may  sell  said  real  estate  at  private  sale,  either  as  an  entire 
tract,  or  in  parcels  thereof,  as  the  board  may  deem  best,  and  the 
president  and  secretary  of  the  board  shall  execute  and  deliver  the 
deed  or  deeds  necessary  to  complete  such  sale  or  sales.  Provided, 
that  upon  a  vote  of  a  majority  of  the  members  of  any  board  of 
education,  and  a  concurring  vote  of  the  council  of  any  municipal 
corporation,  that  an  exchange  of  any  real  estate  held  by  such  board 
of  education  for  school  purposes,  for  real  estate  held  by  such  munici- 
pal corporation  for  municipal  purposes,  will  be  mutually  beneficial 
to  such  school  district,  and  to  such  municipal  corporation,  such  ex- 
change may  be  made  by  conveyances,  to  be  executed  by  the  mayor 
and  clerk  of  the  municipal  corporation,  and  by  the  president  and 
clerk  of  such  board  of  education.  (1888,  March  30:  85  v.  133;  80  v. 
36;  Rev.  Stat.  1880;  70  v.  195,  §  37;  S.  &  C.  1350.) 

Sec.  28S4b.  The  commissioners  of  any  county,  the  trustees 
of  any  township  and  the  board  of  education  of  any  school  district, 
except  in  cities  of  the  first  class  of  first,  second  and  third  grade, 
shall  enter  into  no  contract,  agreement,  or  obligation  involving  the 
expenditure   of  money,   nor  shall   any   resolution   or  order   for   the  i 

appropriation  or  expenditure  of  money  be  passed  by  any  board 
of  county  commissioners,  township  trustees  or  board  of  educa- 
tion, except  in  cities  of  the  first  class,  of  first,  second  and  third 
grade,  unless  the  auditor  or  the  clerk  thereof  shall  first  certify  that 
the  money  required  for  the  payment  of  such  obligation  or  ap- 
propriation is  in  the  treasury  to  the  credit  of  the  fund  from  which 
it  is  to  be  drawn,  or  has  been  levied  and  placed  on  the  duplicate, 
and  in  process  of  collection  and  not  appropriated  for  any  other 
purpose;  which  certificate  shall  be  filed  and  immediately  re- 
corded, and  the  sums  so  certified  shall  not  thereafter  be  consid- 
ered unappropriated  until  the  county,  township  or  board  of  edu- 
cation, except  in  cities  of  the  first  class,  of  first,  second  or  third 
grade,  is  fully  discharged  from  the  contract,  agreement  or  obliga- 
tion, or  so  long  as  the  order  or  resolution  is  in  force,  and  all  con- 
tracts, agreements  or  obligations,  and  all  orders  or  resolutions 
entered  into  or  passed  contrary  to  the  provisions  of  this  section 
shall  be  void.    Provided  that  none  of  the  provisions  of  this  section 


86  OHIO   SCHOOL  LAWS. 


Ch.  7.  Provisions  Applying  to  All  Boards. 

shall  apply  to  the  contracts  authorized  to  be  made  by  other  pro- 
visions of  law  for  the  employment  of  teachers,  officers,  and  other 
school   employes   of   boards   of   education. 

Penalty  for  members  of  board  of  education  receiving  compensation,  see  Sec.  6975,  under 
3974. 

For  "an  act  to  authorize  certain  boards  of  education  to  sell  real  estate  at  private  sale 
to  municipal  corporations,"  see  SI  v.   JS. 

For  "an  act  to  authorize  the  use  of  school  houses  for  literary  entertainments,  school 
exhibitions,    singing    schools,    and    religious    exercises,"    see    Sec.    .S9S7-1. 

A  board  of  education  is  not  liable,  in  its  corporate  capacity,  for  damages  for  an  injury 
resulting  to  a  pupil  while  attending  a  common  school,  from  its  negligence  in  the  discharge  of 
its  official  duty  in  the  erection  and  maintenance  of  a  common  school  building  under  its  charge, 
in  the  absence  of  a  statute  creating  a  liability.    30  O.   S. ,  37. 

A  dedication  for  school  purposes  is  lor  a  specific  use,  and  confers  no  power  of  aliena- 
tion so  as  to  extinguish   the  use.     IS  C).    S.,   221. 

Boards  of  education  are  invested  with  the  title  to  the  property  of  their  respective  dis- 
tricts in  trust  for  the  use  of  public  schools;  and  a  lease  of  a  public  school  house  for  the 
purpose  of  having  a  private  or  select  school  taught  therein,  for  a  term  of  weeks,  is  in  viola- 
tion of  the  trust;  and  such  use  may  be  restrained  at  the  suit  of  a  resident  taxpayer  of  the 
district.    35  O.   S.,   143. 

Where  land  was  conveyed  to  a  township  board  of  education,  its  successors  and  assigns, 
for  the  use  of  school  purposes  only,  and  the  board  afterward  sold  the  land  at  public  outcry 
to  C. ;  Held,   that  the  sale  was  not  in  violation  of  the  terms  of  the  grant.    37  O.   S.,   262. 

The  board  of  education  being  a  legal  entity  empowered  to  sue,  has  capacity  to  sue  its 
defaulting  treasurer  without  resorting  to  his  bond.    51   O.   S.,   115. 

An  officer  acting  within  the  scope  of  his  authority  is  only  responsible  for  an  injury  re- 
sulting from  a  corrupt  motive.    17   O.,   402. 

A  board  of  education  is  not  Subject  to  quo  warranto,  since  it  cannot  be  ousted;  it  is 
not  such  a  corporation  as  R.  S.,  Sec.  6761,  contemplates,  but  a  state  agency.    7  C.  C,  152. 

Corporations  must  take  and   grant  by  their  corporate  names.    2   Kent,   11    Ed.,   351. 

Sec.  3972.  [What  property  the  boards  have  title  to.]  All  prop- 
erty, real  or  personal,  which  has  heretofore  vested  in  and  is  now  held 
by  any  board  of  education,  or  the  council  of  any  municipal  corpora- 
tion, for  the  use  of  public  or  common  schools  in  any  district,  is  hereby 
vested  in  the  board  of  education  provided  for  in  this  title,  having- 
under  this  title  jurisdiction  and  control  of  the  schools  in  such  dis- 
trict.    (70  V.   195.  §  39.) 

Penalty   for   defacing   school   properly;    Sec.   6877. 

Penalty   for   burning   school    property;    Sec.    6831. 
I  Penalty  for  burglarizing  school    house;    Sec.   fiS.'JS. 

Penalty  for  attempting  to  commit  felony  in  school  house;   Sec.  6836. 

Penalty   for   breaking   into    school    house   to    steal;    Sec.    6837. 

Penalty    for    disturbing   meetings;    Sec.    0S'>6. 

Leasing  and  selling  school  lands  granted  by  the  government;  Sees.  HftVl^-JO. 

Under  the  act  of  May  1,  1S73,  the  corporate  boards  of  education  therein  provTdcd  for 
succeed  to  all  existing  rights  of  action  in  relation  to  the  common  school  property  and  fund.s 
which  were  theretofore  vested,  by  previous  legislation,  in  other  agencies  to  whose  control  such 
property  and   funds   had   been    confided.    26   C).    S.,    .571. 

See  35  O.    S.,   143,    under  Sec.   3071. 

See  41  O.   S.,  680,   under  Sec.   3SS8. 

Sec.  3973.  [School  property  exempt  from  taxation.]  All  prop- 
erty, real  or  personal,  vested  in  any  board  of  education,  shall  be  ex- 
empt from  tax,  and  from  sale  on  execution,  or  other  writ  or  order 
in  the  nature  of  an  execution.     (70  v.  195  §  72.) 

Non-taxation  of  .school  property;    Sec.  2732,    R.   S. 

Provisions  relating  to  taxation  of  school,  ministerial,  and  other  lands;  Sec.  27;«,   R.  S. 

School  property  is  not  liable  to  assessment  for  street  improvement;  nor  can  a  judgment 
be  rendered  against  the  board  of  education  for  the  payment  of  the  assessment  out  of  its  con- 
thigent   fund.    48   O.    S.,    83. 


OHIO   SCHOOL   LAWS.  87 


Provisions  Applying  to  All  Boards.  Ch.  7. 

Sidewalk— School   property   not   assessable  for.    48  O.   S.,   87. 

Property  purchased  by  a  board  of  education,  and  upon  which  there  is  a  mortgage  lien, 
may   be   sold  on   furcclO'>ure.    i'J  U.,    7<i;   Atif'd   by   Supreme   Court. 

Sec.  3974.  [Conveyances  and  contracts.]  All  conveyances  made 
by  a  board  of  education  shall  be  executed  by  the  president  and  clerk 
thereof ;  no  member  of  a  board  shall  have  any  pecuniary  interest,  either 
direct  or  indirect,  in-  any  contract  of  the  board,  or  be  employed  in  any 
manner  for  compensation  by  the  board  of  which  he  is  a  member,  except 
as  clerk  or  treasurer;  and  no  contract  shall  be  binding  upon  any  board 
unless  it  be  made  or  authorized  to  be  made  at  a  regular  or  special  meeting 
of  the  board.     (70  v.  195,  §§  21,  38.) 

Penalty  for  member  of  board  being  interested  in  contract  for  the  purchase  of  property, 
supplies  or  fire  insurance;  Sec.  69C9. 

Sec.  0975.    A  member  of  a  board  of  education  organized  under 
any  law  of  this  state  who  accepts  or  receives  any  compensation  for 
his  services  as  such  member,  except  as  clerk  or  treasurer  of  such 
board    shall    be    deemed    guilty    of    embezzlement    of    the    amount 
so   received,    and   punished   accordingly. 
The  individual  act  of  a  majority  of  the   members  of  a   school   board   acting   separately — 
as  signing  a  contract— are  not  the  corporate  acts  of  the  board  and  do  not  bind  it.    22  O.  S.,  144. 
A  contract  by  a  firm  to  sell  goods  to  a  board  of  education,  one  member  of  which  board 
is  a  partner  in  the  firm,   is  void  under  Sec.   3974,   and  any  resident  taxpayer   may   obtain   in- 
junction  against   payment   thereof.    1   N.    P.,    145. 

The  failure  of  an  officer  to  attach  his  official  title  to  his  signature,  will  not  affect  the 
instrument  so  far  as  the  district  is  concerned;  provided,  the  contract  was  authorized,  and 
made  for  the  district,  and  this  fact  can  be  shown.    Com. 

School  property  should  be  insured,  but  nqt  in  a  company  represented  by  a  member  of 
the  board.    See  Sec.  6969,    R.   S.    Attorney  General. 

A  township  clerk  is  a  member  of  the  board  of  education  and  cannot  be  employed  for 
compensation   by   the  board   of  which   he   is   a   member.     Com. 

No  contract,  appropriation,  etc.,  unless  money  is  in  treasury  and  set  apart,  except  in 
certain  cities;  see  Sec.  28346,  given  in  full  under  Sec.  3971. 

Sec.  3975.  [Boards  may  accept  bequests.]  All  boards  of  educa- 
tion may,  by  the  adoption  of  a  resolution,  accept  any  bequest  made  to 
them  by  will,  upon  the  conditions  and  stipulations  contained  in  the 
will ;  and  for  the  purpose  of  enabling  such  boards  to  carry  out  the 
conditions  and  limitations  upon  which  the  bequest  is  made,  they  are 
authorized  to  make  all  rules  and  regulations  that  may  be  required 
to  fully  carry  into  effect  the  provisions  of  the  will  in  relation  to  the 
bequest.     (73  v.  205,  §  2.) 

Sec.  3976.  [Process  against  boards  and  how  served.]  The  process 
in  all  suits  against  a  board  of  education  shall  be  by  summons,  and  shall 
be  served  by  leaving  a  copy  thereof  with  the  clerk  or  president  of  the 
board.     (70  v.  195,  §  68.) 

Sec.  3977.  [Prosecuting  attorney  to  act  as  counsel  of  school 
boards.]  The  prosecuting  attorney  of  the  proper  county,  or,  in  case  of 
a  city  district,  the  city  solicitor,  shall  prosecute  all  actions  which,  by  this 
title,  may  be  brought  against  any  member  or  officer  of  a  school  board, 
in  his  individual  capacity,  and  shall  act  in  his  official  capacity  as 
the  legal  counsel  of  such  boards  or  officers  in  all  civil  actions  brought 
by  or  against  them  in  their  corporate  or  official  capacity;  but  no 
prosecuting  attorney  or    city   solicitor  shall   be   a   member  of   the 


88  OHIO   SCHOOL   LAWS. 


Ch.  7-  Provisions  Applying  to  All  Boards. 

board  of  education ;  provided,  that  in  counties  having  a  county 
solicitor,  such  officer  shall  prosecute  all  actions  which  may  be 
brought  against  any  member  or  officer  of  a  school  board  in  his  in- 
dividual capacity,  and  shall  do  and  perform  all  the  duties  herein 
required  of  the  prosecuting  attorney,  as  to  schools,  school  boards, 
and  officers  of  schools  in  the  county,  outside  of  said  city ;  but  for  such 
service  he  shall  receive  no  additional  compensation.  (1882,  March  2; 
79  V.  26;   Rev.  Stat.  1880;   70  v.  195,  §  69.) 

Prosecution  for  injuries  to  timber  on   school  lands;   Sec.   1279. 

Prosecuting  attorney  shall  apply  in  cities  of  second  class,  third  gr^detJ.  ior  injunctiotv 
against  misapplication  of  school  funds  or  abuse  of  powers;   Sec.  1~S1. 

Prosecuting  attorney  cannot  enjoin  application  of  money  by  school  bo^rd,  but  a  tax^ 
payer  probably  could.    11   C.  C,   41    (AfT'd;  no  Rep.;  .53  O.  S.,  fi.V)). 

We  are  of  the  opinion  that  board  of  education  may  employ  counsel  in  any  action  in 
which  they  are  a  party  or  in  which  the  clerk  or  treasurer  of  the  board  may  in  his  official  ca- 
pacity be  a  party;  provided,  the  cause  involves  the  property  of  the  district,  if  in  their  opinion 
such  employment  is  (or  the  best  interests  of  their  trust,  and  counsel  thus  employed  may  act 
either  with  or  without  the  co-operation  of  the  prosecuting  attorney  as  the  exigencies  of  the 
case  may  seem  to  require,  and  as  the  costs  and  attorney  fees  are  part  of  the  expenses  incident 
to  such  litigation  they  may  provide  for  their  payment  out  of  the  contingent  fund  of  the  dis- 
trict;  provided  it  is  not  otherwise  appropriated.    Attorney  General. 

Sec.  3978.  [Tie  vote;  failure  to  elect  or  refusal  to  serve.]  In 
all  cases  of  tie  votes  at  an  election  for  [director]  directors  or  subdirectors, 
the  judges  of  election  shall  decide  the  election  by  lot ;  and  in  other  cases 
of  failure  to  elect  directors  or  subdirectors,  or  in  cases  of  a  refusal  to 
serve,  the  board  shall  appoint.     (93  v.  47;   89  v.  95;   70  v.  195,  §  43.) 

Filling  of  vacancies;   see  Sec.  3981. 

After  dissolution  of  the  election  board  the  officers  are  functi  officio.  Hence,  if  five  days 
after  dissolution  they  meet  and  recount  the  ballot  their  recount  is  not  an  official  act.  21  O. 
S..   218. 

Should  the  judges  of  election  fail  to  decide  a  tie  vote,   the  board   should   appoint.    Com. 

Sec.  3979,  [Oath  of  members  and  other  officers.]  Each  peerson 
elected  or  appointed  a  member  of  a  board  of  education,  or  elected  or 
appointed  to  any  other  office  under  this  title,  shall,  before  entering  upon 
the  duties  of  his  office,  take  an  oath  or  affirmation  to  support  the  consti- 
tution of  the  United  States  and  the  constitution  of  the  state  of  Ohio, 
and  that  he  will  perform  faithfully  the  duties  of  his  office ;  which  oath 
or  affirmation  may  be  administered  by  the  clerk  or  any  member  of  the 
board.     (71  v.  15,  §  42.) 

But  a  person  so  elected  may  appear  before  any  person  authorized  by  law  to  administer 
an  oath,  and  may  take  his  oath  of  office.  This  should  be  done  in  case  the  member  elect  is, 
for  any  reason,  unable  to  attend  the  meeting  for  organization.  The  certificate  of  the  officer 
administering  the  oath  should  be  sent  to  the  board  and  copied  in  the  records,  to  obviate  all 
questions.  For  the  same  reason,  a  record  should  be  made  of  the  oath  administered  to  each 
member.    Com. 

Sec.  3980.  [Organization;  selection  of  officers.]  Each  board  of 
education  shall  organize  by  choosing  one  of  its  members  president,  and, 
except  township  boards,  by  choosing  also  a  clerk,  who  may  or  may  not 
be  a  member  of  the  board;   if  at  the  organization  of  a  township  board 


OHIO   SCHOOL   LAWS.  89 


Provisions  Applying  to  All  Boards.  Ch.  7. 

the  township  clerk  is  absent,  the  board  shall  appoint  one  of  its  members 
clerk  pro  tempore;  each  board  of  education,  however,  as  chosen  under  the 
provisions  of  section  3899,  shall  further,  at  its  first  regular  meeting  after 
its  annual  organization,  choose  or  appoint  an  auditor,  who  shall  not  be 
a  member  of  the  board,  and  who  shall  receive  such  compensation  and 
perform  such  duties  as  the  board  may  provide  for  and  determine;  and 
such  organization  shall  be  eflfected  on  the  third  Monday  of  April  of  each 
year,  except  as  otherwise  provided  in  section  thirty-nine  hundred  and 
fourteen.  (1887,  March  21:  84  v.  212;  Rev.  Stat.  1880;  70  v.  195, 
§29;  70  V.  241,  §44.) 

President  and  clerk  of  township  boards  to  attend  March  meeting  of  township  trustees; 
Sec.  U5S. 

Inspection  of  school  funds  in  case  of  non-attendance  of  president  and  clerk  as  required  by 
Sec.  1458;  see  Sec.  1311. 

Number   of   votes  necessary   to   elect   offlcers;   see   Sec.   3982. 

The  treasurer  and  president  of  a  school  board  cannot  be  the  same  person;  their  duties  are 
inconsistent.  Thus,  the  treasurer  cannot  pay  except  on  an  order  signed  by  the  president. 
Hence,  if  the  treasurer  is  made  president  he  will  be  ousted  as  treasurer.    5  B.,  502. 

Sec.  3981.  [Vacancies  in  board  of  education  or  office  of  subdi- 
rcctor;  how  filled.]  Vacancies  in  any  board  of  education,  or  vacan- 
cies in  the  office  of  subdirector  of  any  subdistrict  arising  from  death, 
non-residence,  resignation,  expulsion  for  gross  neglect  of  duty,  failure 
of  a  person  elected  or  appointed  to  qualify  within  ten  days  after  the 
annual  organization  or  after  his  appointment,  or  from  other  cause, 
which  occur  more  than  fifteen  days  before  the  next  annual  election, 
the  board  shall  fill  within  ten  days  from  the  occurrence  of  the  vacancy, 
until  the  next  annual  election,  when  a  successor  shall  be  elected  to 
fill  the  unexpired  term  ;  provided  such  vacancies  [in  township  boards] 
may  be  filled  by  the  board  of  education  at  the  next  regular  meeting, 
as  prescribed  in  section  3920.  (93  v.  48 ;  89  v.  95  ;  88  v.  54 ;  70  v.  195, 
§43-) 

Sec.  11.    When  an  elective  office  becomes  vacant  and  is  filled 
by  appointment,   such  appointee  shall  hold  the  office  till   his  suc- 
cessor is  elected  and  qualified,  and  such  successor  shall  be  elected 
at    the    first    proper    election    that    is    held    more    than    thirty    days 
after    the    occurrence   of   the    vacancy;    but    this    section    shall    rrot 
be  construed   to  postpone  the  time   for  such   election   beyond   that 
at  which   it  would  have  been  held  had  no  such  vacancy  occurred, 
nor  to  affect  the  official  term,   or  the  time  for  the  commencement 
of  the  same,  of  any  one  elected  to  such  office  before  the  occurrence 
of   such   vacancy. 
Tie  vote  at  election;  failure  to  elect  or  refusal  to  serve,  in  township  districts;  see  Sec.  8978. 
A  resignation  takes  effect  from  its  date  and  not  from  its  acceptance,  at  least  to  authorize 
filling   the   vacancy,    the   common   law   rules   requiring   an    acceptance    being   abrogated    in    Ohio 
except  where  otherwise  spacially  provided.    51   ().  S.,  74. 

Where  one,  elected  to  an  office,  dies  before  his  ttrm  begins,  no  vacancy  is  thereby 
created  in  the  office  until  the  end  of  the  term  of  the  existing  incumbent;  and  if  this  falls 
within  thirty  days  of  the  next  proper  election  (Sec.  11,  R.  S),  the  vacancy  cannot  be  filled 
by  an   election   thereat.    55   O.   S. ,   195. 

Temporary  absence  from  home  will  not  vacate  sn  office;  but  if  such  absence  creates  em- 
barrassment  the  holder  ought  to  resign.     Com. 

While  the  law  giyes  t^n  days  in  which  to  fill  a  vacancy,  it  is  evidently  the  intention  that 
it  should  be  filled  at  the  earliest  possible  date,  and  before  the  transaction  of  business  by  the 
board.    Com. 


90  OHIO    SCHOOL    LAWS. 


Ch.  7.  Provisions  Applying  to  All  Boards. 

Sec.  3982,     [Quorum ;  yeas  and  nays  to  be  taken  in  certain  cases.] 

A  majority  of  the  board  of  education  shall  constitute  a  quorum  for  the 
transaction  of  business ;  upon  a  motion  to  adopt  a  resolution  authoriz- 
ing the  purchase  or  sale  of  property,  either  real  or  personal,  or  to  employ 
a  superintendent,  teacher,  janitor,  or  other  employe,  or  to  elect  or  appoint 
an  officer,  or  to  pay  any  debt  or  claim,  or  to  adopt  any  text  book,  the 
clerk  of  the  board  shall  call,  publicly,  the  roll  of  all  the  members  com- 
posing the  board,  and  enter  on  the  record  required  to  be  kept  the  names 
of  those  voting  "aye,"'  and  the  names  of  those  voting  "no;"  if  a  majority 
of  all  the  members  of  the  board  vote  "aye,"  the  president  shall  declare 
the  motion  carried ;  and  upon  any  motion  or  resolution  any  member  of 
the  board  may  demand  the  yeas  and  nays,  and  thereupon  the  clerk  shall 
call  the  roll,  and  record  the  names  of  those  voting  "aye"  and  those  voting 
"no."     (71  v.  15,  §  42.) 

Records  of  qiKiKi  corporations  are  not  considered  of  that  absolute  verity  that  parole  testi- 
mony IS  inadmissable  to  show  facts  upon  which  the  record  is  silent.    5  O.,  136. 

See  22   0.    S.,    144,    under   Sec.   3974. 

An  agreement  by  members  of  a  township  board  of  education,  acting  in  their  individual 
capacity,  to  purchase  from  another  person  apparatus  for  the  schools  of  the  township,  and  to 
ratify  such  contract  of  purchase  at  the  next  meeting  of  the  board,  is  contrary  to  public  policy, 
and  therefore  illegal  and  void,  and  not  enforceable  either  against  the  board  or  the  members 
thereof  as  individuals.    29  O.  S. ,  419. 

The  order  of  the  clerk  on  the  treasurer  is  not  negotiable,  and  the  written  acceptance  of 
an  order  by  a  treasurer  who  has  gone  out  of  office  imposes  no  greater  obligation  on  the  treas- 
urer to  pay  than  if  it  had  been  presented  without  such  endorsement.    22  O.   S.,   144. 

Calling  the  roll  and  entering  the  "ayes"  and  "noes"  is  mandatory  else  the  election  is  void. 
52  O.   S.,   138. 

Two  of  the  directors  of  a  sub-school  district,  being  a  majority  of  the  board,  artf  con- 
stituted by  the  statute  a  quorum  to  do  business  at  all  meetings  of  the  directors.    3  C.  C,  517. 

Where  the  minutes  show  the  aye  and  nay  vote  and  how  each  member  voted  but  does  not 
state  expressly  tnat  the  roll  was  called,  this  is  sufficient  compliance  with  this  section.  13  C 
C,    207. 

An  election  to  fill  a  vacancy  on  the  board  is  not  an  election  of  an  officer  and  would  not 
come  under  the  provisions  of  this  section.     Com. 

Ii^  case  a  board  should  really  lose  half  or  more  of  its  members,  the  county  commis- 
sioners must  keep  up  the  schools.  As  they  may  do  all  that  a  board  could  do,  they  may  appoint 
a  new  board,  or  members  enough  to  proceed  with  the  appointments  to  the  completion  of  a 
new   board;   see   Sec.   .3969.    Com. 

In  all  cases  except  those  which  are  declared  to  require  a  majority  of  all  the  members 
composing  the  board,  a  majority  of  a  quorum  is  sufficient  to  pass  a  measure,  and  the  roll  need 
not  be  called  unless  demanded  by  a  member  of  the  board.     Com. 

No  member  of  a  board  can  delegate  his  power  to  act  to  another  person,  either  a  mem- 
ber of  the  board  or  otherwise.  It  is  said  that  this  is  sometimes  done.  But  acts  depending 
on  such  delegated  votes  are  void.  For  heavy  penalty  attached  to  such  assumption  of  official 
duty,    see   Revised   Statutes,    Sec.   6913.     Com. 

Sec.  3983.  [Absence  of  president  or  clerk.]  If,  at  any  meeting 
of  the  board,  either  the  president  or  the  clerk  is  absent,  the  members 
present  shall  choose  one  of  their  number  to  serve  in  his  place  pro  tem- 
pore ;  and  if  both  are  absent,  both  places  shall  be  so  filled ;  but  on  the 
appearance  of  either  at  the  meeting,  after  his  place  has  been  so  filled, 
he  shall  immediately  assume  the  duties  of  his  office.     (70  v.  195,  §  31.) 

Sec.  3984.  [Record  of  proceedings  and  attestation  thereof.]  The 
clerk  of  the  board  shall  record  the  proceedings  of  each  meeting,  in  a  hook 


OHIO    SCHOOL    LAWS.  91 


Provisions  Applying  to  All  Boards.  Ch.  7. 

to  be  provided  by  the  board  for  that  purpose,  which  shall  be  a  public 
record ;  the  record  of  proceedings  at  each  meeting  of  the  board  shall 
be  read  at  its  next  meeting,  corrected  if  necessary,  and  approved,  and 
the  approval  shall  be  noted  in  the  proceedings ;  and  after  such  approval 
the  president  shall  sign  the  record,  and  the  clerk  shall  attest  the  same. 
(70  V.  195,  §  29;  71  V.  15,  §  42.) 

Recording  of  vote  in  certain  cases;  eee  Sec.  S9S2. 

See  5  O.,  136.  under  Sec.  3US2. 

Where  a  board  at  a  regularly  called  meeting,  makes  a  contract  with  a  qualified  teacher^ 
but  no  record  is  made  of  the  proceedings,  the  teacher  may  prove,  if  he  can  do  so  by  compe- 
tent paroled  testimony,  such  official  action  of  said  board.    3  C.  C,  517. 

Sec.  3985.  [Boards  to  make  rules;  illegal  meetings.]  The  board 
of  each  district  shall  make  such  rules  and  regulations  as  it  may  deem 
expedient  and  necessary  for  its  government,  and  the  government  of  its 
appointees  and  the  pupils;  and  no  meeting  of  a  board  of  education  not 
provided  for  by  its  rules,  or  by  law,  shall  be  legal  unless  all  the  mem- 
bers thereof  have  been  notified  as  provided  for  in  section  thirty-nine 
hundred  and  twenty.     (70  v.  195,  §  54.) 

As  the  act  authorizing  the  board  to  make  rules  does  not  provide  how  they  shall  be  en- 
forced, the  board  has  discretionary  power  over  the  subject.  A  rule  that  a  pupil  not  prepared 
with  a  rhetorical  exercise  should  be  suspended  unless  excused  for  cause  is  reasonable.  Neither 
the  board  nor  the  teacher  suspending  a  pupil  under  such  rule  is  liable  for  damages.    20  O.  S.,  89. 

The  rules  must  not  be  inconsistent  with  Sec.  3982,  52  O.   S.,  138,  149. 

See  2  C.  C,  510,   under  Sec.  4020-14. 

If  a  deliberative  body  adopts  rules,  but  no  rule  for  suspending  a  rule,  a  suspensioa 
cannot  be  by  a  bare  majority,  for  the  rule  would  then  have  no  force  as  a  rule.  2  C.  C.» 
610,   517. 

Corporal  punishment  may  be  inflicted  if  such  are  the  rules  of  the  school,  and  an  un- 
known predisposition  to  certain  diseases  will  not  make  an  otherwise  proper  punishment  tor- 
tuous.   4    B.,    81. 

A  reporter  is  on  the  floor  of  a  school  board  as  a  privilege  and  not  as  a  right,  a  gallery 
being  provided  for  the  rest  of  the  public,  and  the  board  may  expel  him.  That  he  was  on 
the  floor  by  a  ruie  of  the  board,  and  that  by  another  rule  change  the  rules  cannot  be  had 
without  laying  over  for  a  meeting,  is  an  objection  on  a  point  of  order  which  persons  not 
members  cannot  avail  themselves  of.    9  B.,  242. 

A  court  may  review  the  action  of  a  board  and  pass  upon  the  reasonableness  of  any  of 
its  rules,  but  if  they  have  erred,  while  discharging  their  duty  in  good  faith,  they  are  not 
liable  to  action  therefor.    32  Vermont,  224. 

SCHOOL   DISCIPLINE. 

The  conduct  of  the  pupils  upon  any  part  of  the  premises  connected  with  the  schooF 
house  or  in  the  immediate  vicinity  of  the  same  (the  pupils  being  thus  virtually  under  the  care 
of  the  teacher),  whether  within  the  regular  school  hours  or  before  or  after  them,  is  properly 
cognizable  by  the  teacher.  And  any  disturbance  made  by  them  within  the  range  injuriously 
affecting  in  any  way  the  interests  of  the  school,  may  clearly  be  the  subject  of  reprobf  and 
correction   by  the  teacher.    Barden,    School    Law,    p  79. 

The  right  of  a  schoolmaster  to  correct  his  scholars  has  always  been  practically  and  judi- 
cially sanctioned,  but  the  chastisement  must  not  exceed  the  limits  of  moderate  correction; 
and  though  courts  are  bound,  with  a  view  to  the  maintenance  of  necessary  order  and  Af-ofam 
in  schools,  to  look  with  all  reasonable  indulgence  upon  the  exercise  of  this  right,  yet,  when- 
ever the  correction  shall  appear  to  have  been  clearly  excessive  and  cruel,  it  must  be  adjudged 
illegal.    19  Vt.,   108. 

The  parent  may  be  said  to  exercise  a  judicial  authority  in  determining  what  punish- 
ment 61/  himself,  is  proper  for  his  child,  but  is  liable,  criminally,  in  a  clear  case  of  excess. 
Johnson  v.  State,  2  Hump,  283.  The  teacher  also  acts  judicially  in  such  a  case,  and  is  not 
to  be  made  liable,  civilly  or  criminally,  unless  he  acted  with  express  malice,  or  was  guilty 
of  such  excess  that  malice  must  be  implied.    2  Dev.  and  Bat.,  365;  4  Ind.  R.,  290. 


^2  OHIO   SCHOOL   LAWS. 


Ch.  7.  Provisions  Applying  to  All  Boards. 

Whether  under  the  facts  the  punishment  is  excessive,  must  be  left  to  the  jury  to  decide. 
Commonwealth   of   Massachusetts   v.    Randall,    4    Gray,    38. 

If  the  effects  of  acts  done  out  of  school  houses  reach  within  the  school-room  during 
•school  hours,  and  are  detrimental  to  good  order  and  the  best  interests  of  the  pupils,  it  is 
\<vident  that  such  acts  may  be  forbidden.    31   la.,   562. 

Though  a  schoolmaster  has,  in  general,  no  right  to  punish  a  pupil  for  misconduct 
•committed  after  the  dismissal  of  school  for  the  day  and  the  return  of  the  pupil  to  his  home, 
yet  he  may  on  the  pupil's  return  to  school,  punish  him  for  any  misbehavior,  though  com- 
mitted out  of  school,  which  has  a  direct  or  immediate  tendency  to  injure  the  school  and  to 
subvert   the  master's   authority.    32   Vt.,    Il4. 

While  the  decisions  in  Ohio  are  very  limited  on  this  subject,  it  seems  to  be  the  con- 
•census  of  opinion  throughout  the  different  states  that  the  teacher's  authority  over  a  pupil 
■extends  to  all  actions  taking  place  in  the  immediate  vicinity  of  the  school;  that  on  the  pupil's 
way  to  and  from  school  the  authority  of  the  parent  and  teacher  is  concurrent,  the  parent 
taking  precedent  when  both  are  present,  and  that  the  teacher  can  call  a  pupil  to  account  for 
misconduct,  committed  at  any  time,  tending  to  impair  the  usefulness  of  the  school  or  to 
subvert  the  teacher's  authority.    Com. 

Sec.  3986.     [Board  may  make  and  enforce  rules  for  vaccination.] 

The  board  of  each  district  may  make  and  enforce  such  rules  and  regula- 
tions to  secure  tlie  vaccination  of,  and  to  prevent  the  spread  of  smallpox 
among  the  pupils  attending  or  eligible  to  attend  the  schools  of  the  dis- 
trict, as  in  its  own  opinion  the  safety  and  interest  of  the  public  require; 
and  the  boards  of  health  and  councils  of  municipal  corporations,  and 
the  trustees  of  townships,  shall,  on  application  of  the  board  of  educa- 
tion of  the  district,  i)rovide  at  the  public  expense,  without  delay, 
the  means  of  vaccination  to  such  pupils  as  are  not  provided  there- 
with by  their  parents  or  guardians.     (69  v.  22,  §1.) 

Board  of  health  may  inspect  sanitary  condition  of  schools  and  school  buildings  and 
close  schools  during  an  epidemic;  see  Sec.  21'{5,   R.   S. 

(3986-1).  [Display  of  U.  S.  flag.]  All  boards  of  education  be 
authorized  and  required  to  display  the  U.  S.  national  flag  upon  all  school 
houses  under  their  control,  during  all  day  school  sessions  in  fair  weather, 
and  to  be  displayed  on  the  inside  of  the  school  house  on  all  other  days, 
and  said  boards  of  education  shall  make  all  rules  and  necessary  regula- 
tions for  the  care  and  keeping  of  such  flags,  the  expense  of  the  same  to 
be  paid  out  of  the  contingent  funds  of  such  boards.     (92  v.  86.) 


OHIO    SCHOOL    LAWS. 


93 


School  Houses  and  Libraries. 


Ch.  8. 


CHAPTER  8. 
SCHOOL  HOUSES  AND  LIBRARIES. 


Section. 

39^.         School  houses. 

8967-1.      Regulating  use  of  school  houses. 

<:988.  Directions     for     bidding     and     letting 

contracts. 
9069.         Erection    of    school    houses    in    joint 

sub-<listricts. 
8990.         When    board    may    appropriate    piop- 

erly. 

3991.  When  and  how  question  of  tax  levy 

submitted  to  voters. 

3992.  If  levy  approved,   board  to  certify  it 

to    auditor. 
3908.         How  the  levy  may  be  anticipated. 

3994.  Issue    of    bonds    by    boards    of    city 

districts    of   the   first   class. 

399-la  Issue  of  deficiency  bonds  by  Cleve- 
land   bdard. 

3994b.  Cleveland  board  may  borrow  money 
and  i<suc  bonds  to  extend  but  not 
increase    bonded    indebtedness. 

3994c.  Regulations  as  to  issue  of  Cleveland 
bonds. 

3994d..  Regulations  as  to  sale  of  Cleveland 
bonds. 

3995.  Certain       boards       may       appropriate 

money   for   library,    etc. 
3996  Levy   for  library   in   cities. 

3997.  How  library  tax  to  be  expended. 

3W8.  Board   may   appoint   librarian,    etc. 

3999.  In   certain   Cities   may   appoint    mana- 

gers of  library;  board  of  trustees 
in  Cincinnati,  how  appointed; 
terms;  vacancies. 

399Da.  Residents  of  Hamilton  county  enti- 
tled  to   use   of  city   library. 

S9995.  Powers  of  trustees  in  Cincinnati;  em- 
ployment of  librarian  and  assist- 
ants. 

8999c.  Tax  for  library  purposes  in  Cincin- 
nati. 

8999(1.  Disposition  of  unexpended  fund  here- 
tofore raised  for  library  purposes 
in    Cincinnati. 

3999e.  Who  ineligible  as  members  of  library 
board. 

4000.  Cleveland   public   library  board. 

4001.  Powers  and  duty  of  library  board. 

4002.  Library  tax  and  how  expended. 
4002-1.      Cleveland    library   board   to   hold   title 

and    control    property. 
4002-2.      Can  purchase,   lease  or  condemn. 
4002-3.      Proceedings   to   condemn. 
4002-4.      Donations. 

4002-5.      Exempt   from  tax  and   execution. 
4002-U.      Oath. 
4002-7.      Organization. 
4(I02-S.      Annual    report. 
4002-0.      No  member  of  board  to  be  interested 

in     contract,     except;     validity     of 

contract. 


Section.^ 

4002-10.     Use  of  library  and  reading-room. 

4002-11.  Bonds  to  pay  for  lands  and  huild- 
ing>., 

4002-12.     Resiolution  to  issue;   sale  of. 

40(r2-l3.    Sinking  fund. 

■IO(»2-14.    Trustees  of  such    sinking  fund. 

4002-15.    Their   organization. 

4<i02-16.    Their  duty   to  certify   tax. 

4002-17.     Investments   by. 

4002-18.  One-tenth  of  one  mill  may  be  ap- 
propriated in  certain  cities  for 
maintaining  public  library;  pro- 
viso. 

4002-19.  Toledo  public  library;  tax  for  li- 
brary. 

4002-20.     (Repealed.) 

•J002-21.     Board   of   trustees. 

4002-22.  Transfer  of  libraries  to  such  boards 
by  board  of  education. 

4003-23.  Organization  of  trustees;  regulation; 
powers;  deposit  of  library  fund; 
warrants;  power  to  purchase  or 
condemn  ground;  issue  and  sale 
of  public  library  building  bonds; 
payment  of  said  bonds  and  in- 
terest; title  to  grounds  purchased; 
librarians   and    assistants. 

4002-24.  Additional  bonds  authorized  to  be 
issued   for   certain    purposes. 

4002-25.     Purchase  of  a  site  for  library. 

4002-20.     .^ppropriations   of   private   property. 

4iH)2-27.    Additional    building    bonds. 

40*^2-28.  Said  library  to  be  free,  subject  to 
reasonable   rules. 

4002-20.    Annual  report  to  city  council. 

4002-30.     Penalty  for  injuring  library   property. 

40<r2-31.  Power  of  trustees  to  accept  devises, 
donations,   etc. 

4002-32.  Dayton  public  .  library  board;  elec- 
tion  of. 

4002-33.  Political  composition  of;  terms;  vote, 
required    to    elect. 

4002-34.     Powers   and   duties. 

4fKi2-35.     Expenses  of  library  for  ensuing  year. 

4002-.38.  Tax  for  library  fund;  cu>todian;  dis- 
bursements and   balance. 

4002-37.     Provision    governing   board. 

4002-38.     Museum    may   be   established. 

4002-39.  Certain  cities  and  villages  may  have 
library;    tax. 

4002-40.     Directors. 

4002-41.  Organization,  by-laws,  etc.;  control 
of  expenditure;  custody  of  build- 
ing; how  money  drawn  from 
treasury;    librarian    and    assistants. 

4002-42.    Who  may   use  library. 

40(t2-1.'?.     Annual    report. 

4002-44.     Donations. 

4002-45.  Tax  to  assist  existing  library  asso- 
ciation. 


94  OHIO    SCHOOL    LAWS. 


Ch.  8.  School  Houses  and  Libraries. 


Section. 

4O02-4().     Library    association    in    cities    fourth 

grade,    second    class;    levy. 
■4002-47.     Disposition    of    tax. 
4002-4S.    Association  to  render  account;  power 

to   levy  tax. 
4002-49.    Tax   in   lieu   of  otlier  taxes;   purchase 

of   school   apparatus;   levy. 


Section. 

4003.  Consolidation    of    libraries    in     Ports- 

moLith    authorized. 

4004.  "  Board    of    Portsmouth    to    appoitft   li- 

brary   committee. 

4005.  Powers   and   duties    of   such   commit- 

tee. 

4006.  Powers    and    duties    of    library    com- 

mittees  in    Portsmouth. 


For  school  house  sites  in  certain  villages  and  cities,  see   Sec.   2233-1,    R.   S. 
For  public  library  in  certain  cities,  see  Sec.  2f)8(>-iy,   R.   S. 

School   house  clocks,    on— shall   run   by   standard   time;   see   Sec.  444G-4,    R.   S. 
Penalties  for  injuries  to  school  property;  see  notes  under  Sec.  3972. 

]>oard  of  health  authorized  to  inspect  sanitary  condition  and  abate  nuisances;  sec  Sec. 
2128,  R.  S. 

Sec.  3987.  [School  houses.]  The  board  of  education  of  any  dis- 
trict is  empowered  to  build,  enlarge,  repair  and  furnish  the  necessary 
school  houses,  purchase  or  lease  sites  therefor,  or  rights  of  way  thereto, 
or  rent  suitable  school-rooms,  provide  all  the  necessary  apparatus  and 
make  all  other  necessary  provisions  for  the  schools  under  its  control; 
also,  the  boards  shall  provide  fuel  for  schools,  build  and  keep  in  good 
repair  all  fences  inclosing  such  school  houses,  plant  when  deemed  desir- 
able shade  and  ornamental  trees  on  the  school  grounds,  and  ;nake  ah 
other  provisions  necessary  for  the  convenience  and  prosperity  of  the 
schools  within  the  subdistricts.  (89  v.  95;  83  v.  84;  82  v.  86;  Rev. 
Stat.  1880;   70  V.  195,  §  55.) 

Inspection   of  school   houses  as  to   safety   in  case  of  accident  ot    C/e;   Sees.   2568-2572(1. 

Courts  of  common   pleas  may  authorize  an   exchange  of  school  lots;   Sees.   2675-1-2675-4. 

Building  school  houses  for  joint  sub-districts;   Sec.  3!)41/f. 

County  commissioners  may  act  as  board  of  education  unLer  certain  circumstances;  Set. 
3969. 

As  to  appropriating  money  for  libraries;   Sec.  3995. 

Rules   regulating   the   erection   of   public   buildings;    l<cs.    423S-1-42.38-5. 

Penalty  for  destroying  plants  or  trees;   Sec.  C8S0. 

Penalty  for  using  school  house  without   certificatt    of  inspector;   Sec.   7010. 

Under  the  act  of  March  14,  1853,  a  township  board  of  education  has  the  power  to  desig- 
nate the  particular  place  where  school  houses  in  Svib-districts  shall  be  built;  and  the  powers 
which,  in  this  respect,  the  statute  confers  on  the  local  directors  of  a  sub-district,  are  to  h^i 
exercised  in  subordination  to  the  paramount  authority  of  the  township  board  of  education. 
13    O.    S.,    336. 

A  school  board  is  not  liable  as  suet  tor  an  injury  to  a  pupil  arising  from  negligence 
in  the  erection  and  maintenance  of  a  public  school  building.    .30  O.   S.,   37. 

See  35  O.   S.,   143,   under  Sec.   3071. 

A  board  of  education  will  be  enjoined  in  the  exercise  of  its  discretion  where  it  attempts 
-without  any  valid  reason,  or  necessity  to  expend  the  public  funds  for  the  erection  of  a  new 
school  house  in  another  place  in  the  district  when  the  old  one  is  suitable  and  satisfactory 
and  located  near  the  center  of  the  district.    13  C.   C,   258. 

See   15   C.    C,    565,    under   Sec,   3995. 

What   is   apparatus?    See  61   O.    S.,    199,    under   Sec.   3995. 

"School  and  reading  charts";  see  2  C.  C,  363,  under  Set.  3905. 

Sec.  3987-1.  [Regulating  use  of  school  houses.]  That  when,  in 
the  judgment  of  any  board  of  education,  it  will  be  for  the  advantage  of 
the  'children  residing  in  any  school  district  to  hold  literary  societies, 
school  exhibitions,  singing  schools,  religious  exercises,  select  or  normal 
schools,  the  board  of  education  shall  authorize  the  opening  of  such  school 


OHIO    SCHOOL    LAWS.  95 


School  Houses  and  Libraries.  Ch.  8. 

houses  for  the  purposes  aforesaid.  And  the  'board  of  education  of  any 
school  district  shall  have  discretionary  power  to  authorize  the  opening 
of  such  school  houses  for  any  other  lawful  purposes;  provided,  how- 
ever, that  nothing  herein  contained  shall  be  construed  to  authorize  any 
board  of  education  to  rent  or  lease  aiiy  school  house  when  such  rental 
or  lease  shall  in  any  wise  interfere  with  the  public  schools  in  such  dis- 
trict, or  for  any  purpose  other  than  such  as  is  authorized  by  this  act. 
(91  V.  44;  89  V.  147;  87  V.  240:   86  V.  II.) 

As   to   local   directors,    see   Sec.   3916. 

I'owers  of  boards   of  education;   Sec    3!»71. 

Property  to  which  boards  of  education  have  title;  Sec.  3!>72. 

incasing  a  school  house  for  a  private  school  is  a  violation  of  the  trust,  and  is  not  within 
the  power  of  "disposing"  of  property  in  Sec.  3071,  and  a  resident  taxpayer  may  obtain  in- 
junction.   .'Jo  O.   .S. ,   ]4:{ 

School  houses  should  not  be  open  for  any  purpose  concerning  the  moral  eflfect  of  which 
there  is  a  dif):erence  of  opinion  among  the  residents  of  the  district.    Com. 

Sec.  3988.  [Directions  for  bidding,  and  for  letting  contracts.] 
When  a  board  of  education  determines  to  build,  repair,  enlarge,  or  fur- 
nish a  school  house  or  school  houses,  or  make  any  improvement  or  repair 
provided  for  in  this  chapter,  the  cost  of  which  will  exceed,  in  city  dis- 
tricts of  the  first  and  second  class,  fifteen  hundred  dollars,  and  in  other 
districts  five  hundred  dollars,  except  in  cases  of  urgent  necessity,  or 
for  the  security  and  protection  of  school  property,  it  shall  proceed  as 
follows : 

1.  The  board  shall  advertise  for  bids,  for  the  period  of  four  weeks, 
in  some  newspaper  of  general  circulation  in  the  district,  and  two  such 
newspapers,  if  there  are  so  many ;  and  if  no  newspaper  has  a  general 
circulation  therein,  then  by  posting  such  advertisements  in  three  public 
places  therein,  which  advertisements  shall  be  entered  in  full  by  the  clerk, 
on  the  record  of  the  proceedings  of  the  board. 

2.  The  bids,  duly  sealed  up,  shall  be  filed  with  the  clerk  by  twelve 
o'clock,  noon,  of  the  last  day  stated  in  the  advertisement. 

3.  The  bids  shall  be  opened  at  the  next  meeting  of  the  board,  be 
publicly  read  by  the  clerk,  and  entered  in  full  on  the  records  of  the  board. 

4.  Each  bid  shall  contain  the  name  of  every  person  interested  in 
the  same,  and  shall  be  accompanied  by  a  sufficient  guarantee  of  some 
disinterested  person,  that  if  the  bid  be  accepted,  a  contract  will  be  en- 
tered into,  and  the  performance  of  it  properly  secured. 

5.  When  both  labor  and  materials  are  embraced  in  the  work  bid 
for,  each  must  be  separately  stated  in  the  bid,  with  the  price  thereof. 

6.  None  but  the  lowest  responsible  bid  shall  be  accepted ;  but  the 
board  may,  in  its  discretion,  reject  all  the  bids,  or  accept  any  bid  for 
both  labor  and  material  which  is  the  lowest  in  the  aggregate  for  such 
improvement  or  repair. 


96  OHIO    SCHOOL    LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

7.  Any  part  of  a  bid  which  is  lower  than  the  same  part  of  any 
other  bid,  shall  be  accepted,  whether  the  residue  of  the  bid  is  higher  or 
not;   and  if  it  is  higher,  such  residue  shall  be  rejected. 

8.  The  contract  shall  be  between  the  board  of  education  and  the 
bidders ;  and  the  board  shall  pay  the  contract  price  for  the  work,  when 
it  is  completed,  in  cash,  and  may  pay  monthly  estimates  as  the  work 
progresses. 

9.  When  two  or  more  bids  are  equal,  in  the  whole,  or  in  any  part 
thereof,  and  are  lower  than  any  others,  either  may  be  accepted,  but  in 
no  case  shall  the  work  be  divided  between  the  makers  thereof. 

10.  When  there  is  reason  to  believe  that  there  is  any  collusion  or 
combination  among  the  bidders,  or  any  number  of  them,  the  bids  of  those 
concerned  therein  shall  be  rejected.     (70  v.  195,  §  55.) 

Letting  contracts  for  school  houses  when  cost  amounts  to  $10,000  or  more;  see  Sec.  794, 
R.  S. 

The  duty  to  advertise,  etc.,  when  the  cost  exceeds  $500,  is  imposed  on  township  boards 
in  their  corporate  capacity,  and  cannot  be  delegated  to  the  local  directors  of  the  sub-districts. 
38  O.    S.,   3S3. 

Where  the  board  awarded  a  contract  to  build  a  school  house  to  the  lowest  respoi!sibIe 
bidder  for  the  whole  work,  but  whose  bid  was  defective,  in  that  it  did  not  state  the  price 
separately  of  labor  and  materials,  and  the  relator's  bid  for  labor  and  materials  was  the  lowest 
offered,  and  yet  was  defective,  in  not  having  a  sufficient  guarantee,  and  he  had  notified  the 
board  that  his  bid  was  for  the  whole  work  or  none;  Held,  that  relator  must  show  clear, 
legal  right  in  himself,  and  cannot  avail  himself  of  defects  in  the  other's  bid;  that  defects 
may  be  waived  where  no  public  injury  is  worked  thereby;  that  relator  cannot  complain  that 
the  whole  work  was  awarded  to  a  lower  bidder,  although  his  bid  for  a  part  was  the  lowest 
offered.    42   Q.    S.,    374. 

A  bid  under  this  section  which  separately  states  the  labor  and  material,  with  the  price 
Oi  each,  and  with  the  provision  attached  that  it  is  to  be  accepted  as  a  whole,  does  not  com- 
ply with  this  section.    4  N.   P.,   44. 

See  2  C.   C,   363,   under  Sec.  3995. 

The  discretion  of  a  board  as  to  what  .system  of  apparatus  it  will  put  in  cannot  be  con- 
trolled either  by   mandamus  or  injunction.     Such   bids  are  not  competitive.    14   C.    C. ,   15. 

In  order  that  one  who  has  bid  on  public  work  can  maintain  an  action  of  mandamul,  he 
must  show  that  he  is  the  one  with  whom  the  contract  should  be  made  regardless  of  any- 
body's  else  rights.    14   C.   C,   19. 

A  bid  on  heating  and  ventilating  'apparatus  need  not  separately  state  the  cost  of  labor 
and   materials  entering   into   the   same.     Id.   23. 

When  an  advertisement  for  bids  for  public  work  is  required,  the  board  may  reject  them. 
13   C.   C,   60.3. 

When  an  advertisement  is  not  necessary,  the  board  may  make  such  stipulations  as  it 
desires.     Id. 

Sec.  3989.  [Erection  of  school  houses  in  joint  subdistricts;  trans- 
fer of  property  and  sale  of  realty.]  When  it  becomes  [necessary]  to 
rebuild  the  school  house  of  a  joint  subdistrict,  or  for  the  better  accom- 
modation of  scholars,  to  change  the  school  house  site  and  erect  a 
new  building  therein,  the  question  of  such  rebuilding,  or  of  such 
change  of  site  and  erection  of  a  new  building,  shall  be  determined 
by  a  majority  vote  of  the  township  board  of  education  in  which 
the  school  house  is  situate,  and  in  such  manner  as  to  secure  the 
better  accommodation  of  a  majority  of  scholars  in  the  same ;  any 
funds  which   may  be  or  have  been  assessed  and  collected  for  the 


OHIO   SCHOOL    LAWS.  97 


School  Houses  and  Libraries.  Ch.  8. 

building  of  such  school  house  shall  be  transferred  to  the  custody 
of  the  board  of  education  in  the  township  in  which  the  new  build- 
ing is  to  be  erected,  which  board  shall  proceed  in  all  matters  con- 
nected with  the  erection  of  the  building  in  accordance  with  the 
provisions  of  this  chapter;  and  if  the  location  is  changed  to  an- 
other township,  the  personal  property  belonging  to  such  subdistrict 
shall  be  transferred  to  the  boartl  of  education  of  such  township;  and 
any  real  property  belonging  thereto,  and  situated  in  the  township  from 
which  the  location  is  changed,  shall  be  sold  by  the  board  of  education 
of  such  township,  and  the  proceeds  of  the  sale  transferred  to  the  board 
of  education  of  the  township  to  which  the  location  is  changed.  (89  v. 
96;"  72  V.  63,  §  36.) 

See  Sec.   31*41. 

Sec.  3990.  [When  boards  may  appropriate  property.]  When  it  is 
necessary  to  procure  or  enlarge  a  school  house  site,  and  the  board  of 
education  and  the  owner  of  the  proposed  site  or  addition  are  unable 
from  any  cause  to  agree  upon  the  sale  and  purchase  thereof,  the  board 
shall  make  an  accurate  plat  and  description  of  the  parcel  of  land  which 
it  desires  for  such  pur])ose.  and  file  the  same  with  the  probate  judge 
of  the  proper  county ;  and  thereupon  the  same  proceedings  of  appropri- 
ation shall  be  had  which  are  provided  for  the  appropriation  of  private 
property  by  municipal  corporations.     (70  v.  195,  §  65.) 

Appropriation  of  property;  see  Sec.  22.'{2,   R.  S. 

Sec.  3991.  [When  and  how  question  of  special  tax  levy  sub- 
mitted to  voters.]  When  the  board  of  education  of  any  district 
determines  that  it  is  necessary  for  the  proper  accommodation  of 
(the  schools  of  such  district  to  purchase  a  site  or  sites  and  erect  a 
school  house  or  school  houses  thereon,  or  to  do  either,  or  when 
it  shall  become  known  to  a  board  of  education  that  the  money 
provided  for  the  purchase  of  a  site  or  sites  and  the  erection  of  a 
school  house  or  school  houses  is  not  sufficient  therefor,  and  such 
board  ascertains  that  the  purchase  of  such  site  or  sites  and  the 
erection  and  furnishing  of  such  school  house  or  school  houses,  or 
either,  or  the  completion  of  a  partially  built  or  unfurnished  school 
house  or  school  houses  for  which  a  sufficient  sum  of  money  has 
not  been  provided,  will  require  a  greater  tax  upon  the  property 
of  such  district  than  the  board  is  authorized  by  this  title  to  levy, 
and  that  to  provide  means  therefor  it  will  be  necessary  to  issue  bonds, 
it  shall  make  an  estimate  of  the  probable  amount  of  money  required 
for  such  purposes,  or  either  of  them,  and  at  a  general  election,  or  a 
special  election  called  for  that  purpose,  shall  submit  to  the  electors  of 
the  district  the  question  of  levying  taxes  for  such  purposes  or  either  of 

7   S.  I,.  • 


98 


OHIO    SCHOOL    LAWS, 


Ch.  8.  School  Houses  and  Libraries. 

them,  and  the  further  questions  whether  the  leyy  shall  be  made  from 
year  to  year  thereafter,  and  what  amount  shall  be  levied  each  year  until 
the  actual  cost  of  such  site  or  sites,  the  erection  of  such  school  house 
or  school  houses,  or  completion  or  furnishing  or  refurnishing  of  same 
or  either  of  them,  is  raised ;  and  ten  days'  notice  of  such  submission 
shall  be  given  by  the  board  by  posters  put  up  in  five  of  the  most  public 
places  in  the  district,  which  shall  state  the  time,  place  and  object  of  the 
election.     (94  v.  38;  91  v.  41 ;   70  v.  241,  §  61.) 

Sec.  2834fl.  The  trustees  of  any  township,  the  board  of  educa- 
tion of  any  school  district,  except  in  cities  of  the  first  class,  and 
the  commissioners  of  any  county,  for  the  purpose  of  extending 
the  time  of  payment  of  any  indebtedness  which,  from  its  limits 
of  taxation,  such  township,  school  district,  board  of  education 
or  commissioners,  for  the  best  interest  of  said  township,  school 
•district  or  county,  shall  have  power  to  issue  bonds  of  such  town- 
ship, school  district  or  county,  or  borrow  money,  so  as  to  change 
but  not  to  increase  the  indebtednesss,  for  such  length  of  time  in 
such  amounts,  and  at  such  a  rate  of  interest  as  the  said  trustees, 
board  of  education  or  commissioners  may  deem  proper,  not  to 
exceed  six  per  cent,  per  annum,  payable  annually  or  semi-annu- 
ally; provided,  however,  that  no  indebtedness  of  any  township, 
school  district  or  county  shall  be  funded,  refunded  or  extended 
unless  such  indebtedness  shall  first  be  determined  to  be  an  ex- 
isting, valid  and  binding  obligation  of  any  such  township,  school 
district  or  county  by  a  formal  resolution  of  the  trustees,  board 
of  education  or  commissioners  of  any  such  township,  school  or 
county,  which  resolution  shall  so  state  the  amount  of  the  existing 
indebtedness  to  be  funded,  refunded  or  extended,  the  aggregate 
amount  of  bonds  to  be  issued  therefor,  their  number  and  denomi- 
nation, the  date  of  their  maturity,  the  rate  of  interest  they  shall 
bear,  and  the  place  of  payment  of  principal  and  interest.  And  for 
the  payment  of  the  bonds  issued  under  this  section,  the  town- 
ship trustees,  the  board  of  education  or  commissioners  shall  levy 
a  tax  in  addition  to  the  amount  otherwise  authorized,  every  year 
during  the  period  the  bonds  have  to  run,  sufficient  in  amount  each 
year  to  pay  the  bonds  falling  due  within  the  year  and  the  accruing 
interest. 

Township  districts  having  a  "school  of  higher  grade  than  the  primaries,"  may  levy  a 
tax  of  ten  mills;   see   Sec.  4000-2. 

Conduct  of  election;  see  Sec.  2!XJ<5-1  and  notes  under  Sees.  3f»0!>,   3016  and  3917. 

See  notes   to   Sec.   3993. 

Dayton  board  of  education  may  levy  tax  of  two-tenths  of  a  mill  for  manual  and  training 
schools  for  children.    91   v.   S6.5. 

When  the  statute  recjuires  that  notice  shall  be  given  of  the  matter  to  be  acted  on,  a 
failure  to  insert  such  matter  will  render  void  any  act  done  with  respect  to  the  matter  not 
so   embraced  as   required.    18   Maine,    184;   12   Cushing,    294. 

Sec.  3992.  [If  levy  approved,  board  to  certify  to  auditor.]  If  a 
triajority  of  the  electors  at  such  election  vote  in  favor  of  levying  taxes 
for  such  purposes,  or  either  of  them,  of  continuing  the  levy  from  year 
to  year  thereafter,  and  for  the  amount  to  be  levied  each  year,  the  board 
shall  certify  the  levy  annually  to  the  xrounty  auditor,  who  shall  place  the 
same  upon  the  tax  duplicate  in  the  same  manner  that  other  taxes  cer- 
tified by  such  board  are  required  to  be  placed  thereon;  and  when  the 
district  is  divided  by  a  county  line,  the  levy  shall  be  certified,  collected, 
and  paid  in  the  manner  provided  in  sections  thirty-nine  hundred  and 


OHIO   SCHOOL   LAWS.  99 


School  Houses  and  Libraries.  Ch.  8. 

sixty-one  and  thirty-nine  hundred  and  sixty-two,  in  the  case  of  levies  for 
joint  subdistricts.     (70  v.  195,  §  62.) 

Sec.  3993.  [How  the  levy  may  be  anticipated.]  To  enable  such 
board  to  anticipate  the  money  to  be  so  raised  it  may  borrow  the  sum  of 
money  necessary,  not  exceeding  the  amount  so  authorized  to  be  levied, 
and  issue  bonds  therefor,  payable  as  indicated  by  the  vote  provided  for 
in  section  thirty-nine  hundred  and  ninety-one,  after  a  certain  day  to 
be  named  therein,  and  bearing  interest  payable  semi-annually,  at  a  rate 
specified  therein  not  exceeding  six  per  centum  per  annum ;  the  bonds 
shall  be  in  such  sums  as  the  board  may  determine,  be  numbered  con- 
secutively, made  payable  to  the  bearer,  bear  date  the  day  of  sale,  and 
be  signed  by  the  board  officially;  the  clerk  of  the  board  shall  keep  a 
record  of  the  number,  date,  amount,  and  rate  of  interest  of  each  bond 
sold,  the  sum  for  which  and  the  name  of  the  person  to  whom  sold,  and 
the  time  when  payable,  which  record  shall  be  open  to  the  inspection  of 
the  public  at  all  reasonable  times;  and  the  bonds  so  issued  shall  in  no 
case  be  sold  for  a  less  sum  than  their  par  value,  nor  bear  interest  until 
the  purchase  money  for  the  same  shall  have  been  paid  by  the  purchaser. 
<70  V.  195,  §  63.) 

Sec.    226.    All    bonds    issued    by    board-^    of    county    commis- 
sioners,    boards    of    education,     commissioners    of    free    tunpikes, 
shall    be    sold    to    the    highest    bidder    after    being    advertised    three 
times,   weekly,   in  a  newspaper  having  a  general   circulation   in   the 
county  where  the  bonds  are  issued;    and  if  the  amount  of  bonds 
to  be  sold  e.xceeds  twenty  thousand  dollars,   then  in  an  additional 
newspaper   having  a   general   circulation   in   the   state,    three   times, 
weekly.     The   advertisement    shall    state   the   total   amount   of   bonds 
to  be  sold,   the  amount  of  each   bond,    how  long  they  are  to   run, 
the  rate  of  interest  to  be  paid  thereon,  whether  annually  or  semi- 
annually,   the    law   or    section    of    law   authorizing   their    issue,    the 
day,    hour    and    place   in    the    county    where    they    are    to    be    sold. 
None  of   said  bonds  shall   be   sold   for  less  than  the  face  thereof, 
with  any  interest   that  may  have  accrued  thereon;    and  the  privi- 
lege   shall    be    reserved    of    rejecting    all    or    any    bids,    and    if    said 
bids  are  rejected   said  bond   shall  again  be  advertised;    all   moneys 
arising  from   premiums  on   the   sale  of   said   bonds  as  well   as  the  - 
principal,   shall   be  credited  to  the  fund  on  account   of  which   the 
bonds  are  issued  and  sold. 
Toledo  board  of  education  subject  to  the  provisions  of  Sec.  .3993;    see  Sec.  .3899-28. 
Mandamus  is  the  proper  remedy  to  compel  the  board  to  appropriate  moneys  already   in 
iheir  treasury   for  that   purpase,    toward   the   payment   of   such   bonds,   and   to   levy   such   tax   as 
may  be  necessary  to  complete   such  payment.    27   ().    S.,   96. 

A  board  of  education  agreed  to  borrow  a  sum  of  money  at  an  aggregate  rate  of  interest 
of  fifteen  per  cent.,  in  manner  following:  For  the  amount  so  to  be  borrowed,  bonds  were  to 
be  issued  bearing  the  authorized  rate  of  interest,  and  for  the  excess  of  interest,  orders  on 
the  tre.-jsury  were  to  be  issued,  payable  at  the  same  time  as  the  legal  interest.  The  bonds 
were  regularly  issued,  bearing  eight  per  cent,  interest,  and  sold  at  par,  and  the  money  was 
received  and  used  as  authorized  lor  the  excess  of  interest,  orders  on  the  treasury  were  at 
the  same  time  issued  and  delivered  to  the  purchaser,  as  agreed  to  by  the  parties,  but  were 
never  presented  for  payment,  and  after  their  maturity,  he  ofllered  to  return  them  for  can- 
cellation; Held,  that  this  agreement  to  pay  excess  of  interest  is  void,  and,  having  never 
been  executed  in  whole  or  in  part,  will  not  avoid  a  recovery  on  the  bonds.    .'»  O.   S. ,  519. 

Certain  bonds  were  issued  by  a  board  of  education;  they  were  afterwards  redeemed  be- 
fore maturity,  and  placed  in  the  hands  of  the  treasurer  for  destruction-  The  treasurer  failed 
to  destroy  them,  but  fraudulently  used  them  as  collateral  security  for  an  individual  loan  by 
an  innocent  third  person:  Held,  the  board  was  not  liable  for  the  payment  of  the  same.  41  O. 
S.,   .tW. 


100  OHIO    SCHOOL    LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

Sec.  3994.  [Issue  of  bonds  by  boards  of  education  of  city  districts 
of  the  first  class;  exceptions.]  The  board  of  education  of  any  city 
district  of  the  first  class,  e^^cept  a  district  embracing  a  city  of  the  first 
or  second  grade  of  the  first  class,  may  issue  bonds  to  obtain  or  improve 
public  school  property,  and  in  anticipation  of  income  from  taxes  for 
such  purposes,  levied  or  to  be  levied,  may,  from  time  to  time,  as 
occasion  requires,  issue  and  sell  bonds,  under  the  restrictions  and 
bearing  a  rate  of  interest  specified  in  the  preceding  section,  and  shall 
pay  such  bonds  and  the  interest  thereon  when  due,  but  shall  so 
provide  that  no  greater  amount  of  such  bonds  shall  be  issued  in 
any  year  than  would  equal  the  aggregate  of  a  tax  at  the  rate  of 
two  mills,  for  the  year  next  preceding  such  issue;  but  the  order 
to  issue  such  bonds  shall  be  made  only  .at  a  regular  meeting  of 
the  board,  and  by  a  vote  of  a  majority  of  all  the  members  thereof, 
taken  by  yeas  and  nays,  and  entered  on  the  journal  of  the  board. 
(89  v.  257;   75  v.  526,  §  56.) 

Toledo  board  of  education  subject  to  this  section;    see  Sec.  3899-28. 

See  act  referred  to  under  Sec.  3993. 

For  registration   of   bonds.    Sec.   2771-20,    R.    S. 

Bonds  for  additional  school  building  in  Cincinnati,  88  v.  395,  §  3;    Am.  in  89  v.  154. 

City  districts,  second  grade,  first  class,  may  issue  school  building  bonds.    93  v.  459. 

An  injunction  would  lie  against  a  board  of  education  which  sought  to  issue  bonds  in 
excess  of  this  authority,  but  only  as  to  such  excess,  and  not  to  the  whole.  47  Mich.,  226; 
43    Iowa.    48. 

Sec.  39940.  [Issue  of  deficiency  bonds  by  Cleveland  board.] 
That  boards  of  education  in  city  districts  of  the  second  grade  of  the 
first  class  shall  have  power  to  borrow  money  not  exceeding  in  amount 
the  sum  of  three  hundred  thousand  dollars  to  meet  any  deficiency  that 
may  exist  in  such  funds  and  revenues  as  it  may  have  available  to 
pay  the  current  and  ordinary  expenses  of  the  year  A.  D.  1892,  and 
to  issue  bonds  therefor  bearing  interest  at  a  rate  not  to  exceed  five 
per  centum  per  annum.     (89  v.  258.) 

Sec.  3994&.  [Cleveland  board  may  borrow  money  and  issue  bonds 
to  extend  but  not  to  increase  bonded  indebtedness.]  That  boards  of 
education  in  city  districts  of  the  second  grade  of  the  first  class  shall 
have  power  to  borrow  money  and  to  issue  bonds  therefor,  bearing  in- 
terest at  a  rate  not  to  exceed  six  per  centum  per  annum,  to  extend 
the  time  of  payment,  but  not  to  increase  the  amount  of  any  of  its 
bonded  indebtedness,  whenever  the  same  shall  become  due  and 
payable.     (92  v.  431  ;  89  v.  258.) 

93  O.  L. ,  460,  repeals  39916,  but  undoubtedly  39946  was  intended,  as  there  is  no  section 
89916. 

Toledo  board  of  education  may  exercise  the  power  of  this  section;    see  Sec.   3899-28. 

Sec.  3994c.  [Regulations  as  to  issue  of  Cleveland  bonds.]  That 
all  bonds  issued  by  boards  of  education  in  city  districts  of  the  second 
grade  of  the  first  class  shall  contain  a  citation  of  the  law  and  resolu- 


OHIO  SCHOOL   LAWS. 


101 


School  Hoases  and  Libraries.  Ch.  8. 

tion  authorizing  the  same,  and  shall  be  signed  by  the  school  director 
and  the  auditor  of  the  board,  and  shall  be  drawn  to  mature  within  ten 
years  and  six  months  of  their  date  of  issue.     (89  v.  258.) 

Sec.  3994(/.  [Regulations  as  to  sale  of  Cleveland  bonds.]  When- 
ever any  board  of  education  in  city  districts  of  the  second  grade  of 
the  first  class  issues  its  bonds  it  shall  first  offer  them  at  par  and 
accrued  interest  to  the  commissioners  of  the  sinking  fund  of  any 
city  located  in  whole  or  in  part  within  such  district  and  only  after 
their  refusal  to  take  any  or  all  of  such  bonds  at  par  and  interest 
shall  such  bonds,  or  as  many  of  them  as  remain,  be  advertised  and 
offered  for  public  sale  in  manner  and  form  as  provided  by  an  act 
entitled  "An  act  providing  for  the  sale  of  public  bonds,"  passed 
March  22,  1883.     (80  O.  L.,  68 ;  89  v.  258.) 

LIBRAKIES. 

For   sections  3W5-4006  see  S.  &   C,    1363,   13W. 

State  library  commissioners  to  give  advice  and,  attention  to  free  public  library  officers; 
see  Sec.  34S. 

For  information  relative  to  traveling  libraries,  see  .Appendix. 

Committee  on  teachers  and  text  books  of  township  board  of  education  to  recommend  ad- 
ditions to  school   libraries;     see   Sec.    3920. 

Sec.  3995.  [Certain  boards  may  appropriate  money  for  library, 
etc.]  In  any  district  the  board  of  education  may  appropriate  money 
from  the  contingent  fund  for  the  purchase  of  such  books,  other 
than  school  books,  as  it  may  deem  suitable  for  the  use  and  im- 
provement of  the  scholars  and  teachers  of  the  district,  and  in  the 
purchase  of  philosophical  or  other  apparatus  for  the  demonstra- 
tion of  such  branches  of  education  as  may  be  taught  in  the  schools 
of  the  district,  or  for  either  of  such  purposes ;  but  not  more  than 
one-half  of  the  amount  herein  authorized  to  be  appropriated  shall  be 
expended  in  the  purchase  of  such  apparatus ;  such  appropriations  shall 
not  exceed,  in  any  one  year,  twelve  hundred  dollars  in  city  districts  con- 
taining cities  of  the  first  grade  of  the  first  class,  three  hundred  dollars 
in  other  city  districts  of  the  first  class,  one  hundred  and  fifty  dollars 
in  city  districts  of  the  second  class,  and  seventy-five  dollars  in  other 
districts ;  and  the  books  so  purchased  shall  constitute  a  school  library, 
the  control  and  management  of  which  shall  be  vested  in  the  board 
of  education.  The  board  of  education  of  any  city  of  the  second  class, 
fourth  grade,  having  a  free  public  library,  organized  in  pursuance 
of  law,  may  allow  such  free  public  library  association  the  use  and 
control  of  the  public  school  library;  subject,  however  to  such  rules, 
regulations  and  restrictions  as  said  board  of  education  may  prescribe 
for  the  use  and  control  thereof.  (1881,  April  8:  78  v.  no;  Rev. 
Stat.  1880;   72  v.  29,  §  51.) 

For  the  establishment  of  public  library  by  trustees  of  township,  see  sections  1476-1478,  R.  S. 
See  thirty-seventh  paragraph  of  section  1602  as  to  librari.es  in  villages  and  cities. 


102  OHIO    SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

A  mechanism  called  "Tellurian  Globe,"  showing  the  relative  motions  of  the  earth  and 
moon  and  related  subjects,  is  an  "apparatus"  and  not  school  turnis'hing,  hence  the  power 
of  the  board  to  purchase  them  is  limited  by  the  amount  authorized  in  Section  3995,  and  not 
section  393S.    51  O.   S.',   199. 

Purchase  of  reading  charts  of  great  utility  by  a  school  board  is  under  the  power  o£ 
Revised  Statutes,  section  3987,  and  is  not  a  purchase  of  apparatus  under  section  3995,  and 
therefore  not  limited  in  amoimt  by  the  latter.    2  C  C. ,  'i&i. 

Cabinets  containing  cliarts  or  maps,  to  be  attached  to  a  wall,  are  not  "apparatus"  within 
section  3995.     15  C.  C,  5C5. 

Sec.  3996.  [Levy  for  library  in  cities.]  For  the  purpose  of  in- 
creasing and  maintaining  the  school  library  of  city  districts,  ex- 
cept in  those  city  districts  containing  cjties  of  the  first  grade  of 
the  first  class,  the  board  of  education  may  levy  annually,  a  tax: 
of  one-tenth  of  one  mill  on  the  dollar  valuation  of  the  taxable  prop- 
erty thereof,  to  be  assessed,  collected  and  paid  in  the  same  man- 
ner as  are  other  school  taxes  of  such  district.  (93  v.  191  ;  64  v.  62, 
§  i;    S.  &  S.  721.) 

Sec.  3997.  [How  library  tax  to  be  expended.]  The  amount  of 
such  tax,  when  collected,  shall  be  expended,  under  the  direction  of 
the  board,  for  the  purchase  of  such  books  as  are  suitable  for  public 
school  libraries,  the  bills  for  which,  with  the  attendant  expenses, 
shall  be  certified  to  by  the  president  and  clerk,  and  paid  by  the  treas- 
urer of  the  school  funds.     (64  v.  62,  §  2 ;   S.  &  S.  721.) 

Sec.  3998.  [Board  may  appoint  librarian,  etc.]  The  board,  ex- 
cept in  city  districts  containing  a  city  of  the  first  grade  of  the  first 
class,  may  appoint  a  librarian,  fix  his  compensation,  and  make  all 
needful  rules  and  regulations  for  the  management  of  the  library,  to- 
which  every  family  resident  in  such  city  district,  save  as  herein- 
before excepted,  shall  hqve  access.  (93  v.  192;  64  v.  62,  §  3;  S.  & 
S.  721.) 

Sec.  3999.  [In  certain  cities  board  may  appoint  managers  of 
library.]  In  cities  not  having  less  than  twenty  thousand  inhabit- 
ants, the  board  of  education  having  custody  of  any  public  library 
therein,  may,  at  any  regular  meeting,  adopt  a  resolution  providing 
for  a  board  of  managers  of  such  library,  and  shall  thereupon  elect 
by  ballot,  two  persons  to  serve  as  members  of  such  board  for  a  term 
of  three  years,  two  persons  to  serve  for  a  term  of  two  years,  and 
two,  persons  to  serve  for  a  term  of  one  year;  and  annually  there- 
after two  persons  shall  be  elected  to  serve  for  a  term  of  three  years : 
all  vacancies  in  such  board  shall  be  filled  by  the  board  of  education 
by  ballot,  and  a  person  so  elected  shall  serv€  during  the  unexpired 
term  of  his  predecessor ;  the  president  of  the  board  of  education 
shall  be  a  member  of  the  board  of  managers,  ex  officio ;  and  the 
board  of  managers  shall  at  all  times  be  amenable  to  and  under  the 
control  of  the  board  of  education,  as  to  tenure  of  office  and  authority, 
and  shall  serve  without  compensation ; 


OHIO   SCHOOL   LAWS.  .  103 


School  Houses  and  Libraries.  Ch.  8. 

[Board  of  trustees  in  Cincinnati;  how  appointed;  terriis.]  Pro- 
vided, that  in  citLes  of  the  first  grade  of  the  first  class  upon  the 
expiration  of  the  terms  of  office  of  the  trustees  of  the  pubHc  library 
therein,  heretofore  appointed  under  this  section,  as  amended  April 
30,  1891,  there  shall  be  appointed  as  successors  to  said  board,  a 
board  of  trustees  of  said  library  consisting  of  seven  persons,  as 
follows:  Two  by  the  board  of  education  of  the  school  district 
within  which  such  city  is  situated,  two  by  the  board  having  charge 
of  the  high  schools  of  such  city,  two  by  the  directors  of  the  univer- 
sity in  such  city,  one  of  each  of  said  appointees  shall  hold  his  office 
for  two  years,  and  one  for  three  years :  and  one  by  the  judges  of  the 
court  of  common  pleas  of  the  county  within  which  such  city  is  situated, 
who  shall  hold  his  office  for  a  period  of  three  years ;  and  thereafter 
said  boards  and  said  judges  shall,  upon  the  expiration  of  the  terms 
of  office  of  said  appointees,  and  each  three  years  thereafter,  appoint 
successors  to  said  trustees.  The  appointee,  aforesaid  of  the  judges 
of  the  court  of  common  pleas  shall  succeed  in  said  board  of  trustees 
the  president  of  the  board  of  education,  who  theretofore  was,  by 
virtue  of  his  said  office,  a  member  of  said  board  of  trustees,  and 
thereafter  the  right  of  such  president  of  said  board  of  education 
aforesaid  of  membership  in  said  board  of  trustees  of  said  library 
shall  cease. 

[Vacancies.]  All  vacancies  in  said  board  of  trustees  of  said 
library  shall  be  filled  by  the  respective  bodies  having  the  power  of 
appointment.  Provided,  however,  that  nothing  herein  shall  be  con- 
strued in  any  wise  to  abridge  the  term  of  office  or  curtail  the  powers 
or  duties  of  the  trustees  of  the  public  library  in  cities  of  the  first 
grade  of  the  first  class,  appointed  under  this  section  as  amended 
April  30,  1891,  during  the  terms  of  office  for  which  they  were  ap- 
pointed.    (93  V.  192:  88  V.  446;  64  V.  TOO,  §  I ;    S.  &  S.  722.) 

Sec.  39990.  [Residents  of  Hamilton  county  entitled  to  use  of  city 
library.]  Each  and  every  resident  of  the  county  within  which  is  situ- 
ated any  city  of  the  first  grade  of  the  first  class,  having  therein  es- 
tablished a  public  library,  shall  be  entitled  to  the  free  use  of  such 
library,  reading  rooms  and  any  branch  or  department  of  the  same, 
and  all  the  privileges  thereof,  upon  such  terms  and  conditions  not 
inconsistent  herewith,  as  the  board  of  trustees  of  such  library  may 
prescribe.     (94  v.  204;   93  v.  193.) 

Sec.  39996.  [Powers  of  trustees  in  Cincinnati.]  The  board  of 
trustees  of  the  public  library  in  cities  of  the  first  grade  of  the  first 
class  shall  have  sole  and  exclusive  charge,  custody  and  control  of 
the  public  library  in  such  city,  including  all  property,  both  real 
and  personal,  used  and  occupied  by  such  library,  whether  acquired 
heretofore  or  hereafter,  and  shall  have  full  power  to  make  all  rules 


104  •  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

and  regulations  necessary  for  the  proper  government,  maintenance, 
care  and  management  thereof,  and  to  provide  therefor.  Said  board 
of  trustees  shall  have  power  over,  and  exclusive  control  of,  the  library 
fund  hereinafter  provided  for,  and  of  the  expenditure  of  all  moneys 
collected  to  the  credit  thereof.  They  shall  have  power  and  it  shall 
be  their  duty  to  establish  in  said  city  and  throughout  the  county 
within  which  is  situated  said  library,  reading  rooms,  branch  libraries 
and  library  stations  in  connection  with  said  library,  and  to  lease 
and  furnish  said  rooms,  buildings  or  parts  thereof  as  are  required 
for  such  purposes,  and  to  pay  all  necessary  expenses  connected  there- 
with. They  shall  have  power,  and  it  shall  be  their  duty  to  purchase 
and  pay  for  all  books,  periodicals,  magazines  and  other  literature 
and  supplies  necessary,  in  their  judgment,  for  said  public  library, 
reading  rooms,  branch  libraries  and  library,  stations,  and  to  incur  the 
necessary  expenditures  for  the  encouragement  and  advancement  of 
the  best  use  of  such  library,  reading  rooms,  branch  libraries  and 
library  stations  by  the  public ;  all  such  purchases,  payments  and 
expenditures  to  be  made  out  of  said  library  fund  hereinafter  pro- 
vided for. 

[Employment  of  librarian  and  assistants.]  They  shall  have 
power,  .and  it  shall  be  their  duty,  to  employ  a  librarian,  assistant 
librarians,  and  other  necessary  assistants  for  such  public  library, 
reading  rooms,  branches  and  stations,  to  fix  the  compensation  of 
persons  so  employed,  and  to  pay  the  same  out  of  said  library  fund. 
Said  library  board  may  fix  the  term  of  any  such  person  employed 
by  them  for  any  period  not  to  exceed  one  year.     (93  v.  193.) 

Sec.  3999f.  [Tax  for  library  purposes  in  Cincinnati.]  For  the 
purpose  of  increasing,  maintaining  and  managing  the  public  library 
in  cities  of  the  first  grade  of  the  first  class,  for  which  a  board  of 
trustees  shall  have  been  appointed,  as  provided  in  section  3999,  the 
said  board  of  trustees  may  levy  annually  a  tax  of  not  exceeding  five- 
tenths  of  a  mill  on  each  dollar  of  valuation  of  the  taxable  property  of  the 
county  wherein  is  situated  such  city,  to  be  assessed,  collected  and  paid  in 
the  same  mannerr  as  are  other  taxes  levied  throughout  the  county.  Said 
levy  shall  be  certified  by  said  board  of  trustees  to  the  auditor  of  the  county 
in  which  said  city  is  situated,  and  shall  be  placed  by  said  auditor  on  the  tax 
duplicate  and  collected  as  other  taxes.  The  money  realized  from  said  levy, 
and  all  moneys  received  or  collected  by  said  trustees  for  the  library,  shall 
be  placed  in  the  treasury  of  said  county,  subject  to  the  order  of  said  board 
of  trustees  of  said  library.  Said  fund  shall  be  known  as  the  library  fund  ot 
said  county,  of  which  the  county  treasurer  shall  be  the  custodian,  and  no 
money  shall  be  drawn  therefrom,  except  upon  the  requisition  of  the  board 
of  trustees  of  said  library,  certified  by  the  president  and  secretary  of  said 
"board,  directed  to  the  county  auditor,  who  shall  draw  his  warrant  on  the 


OHIO   SCHOOL   LAWS. 


105 


School  Houses  and  Libraries.  Ch.  8 

« — ■ — 

county  teasurer  therefor.  Any  part  of  said  funds  unexpended  during 
any  year  shall  remain  to  the  credit  of  said  library  fund.  (94  v.  204;  93 
V.  194.) 

Sec.  3g99(/.  [Disposition  of  unexpended  fund  heretofore  raised  for 
library  purposes  in  Cincinnati.]  The  amount  of  any  fund  heretofore 
raised  by  a  levy  or  tax  by  the  board  of  education  in  such  city  for 
school  library  purposes,  and  all  library  funds  remaining  unexpended, 
shall  be  transferred  from  the  respective  funds  to  the  library  fund 
herein  created,  to  be  expended  and  paid  out  as  herein  provided  for 
funds  produced  by  a  levy  made  by  said  board  of  trustees,  and  any 
and  all  funds,  bonds,  stocks  or  other  species  of  property  held  by  the 
board  of  education  of  such  city,  or  by  any  of  the  departments  of 
such  city  for  the  benefit  of  the  public  library  thereof,  shall  be  trans- 
ferred to  the  board  of  trustees  of  such  public  library,  to  be  held  and 
controlled  by  them  subject  to  the  terms  of  the  respective  donations. 
(93  V.  194.) 

Sec.  3999r.  [Who  ineligible  as  members  of  the  library  board.] 
No  member  of  any  of  the  boards  exercising  the  power  of  appoint- 
ment of  the  trustees  of  the  public  library,  as  provided  in  section 
3999,  shall  be  appointed  or  elected  a  member  of  said  library  board. 
(94  V.  204.) 

Sec.  4000.  [Cleveland  public  library.]  The  public  library  board 
of  the  city  of  Cleveland  shall  consist  of  seven  suitable  persons! 
residents  of  said  city,  no  one  being  a  member  or  officer  of  the 
board  of  education.  The  members  of  the  library  board  shall  serve 
without  compensation,  and  hold  their  offices  for  three  years,  and 
until  their  successors  shall  have  been  elected  and  qualified,  except 
that  at  the  first  election  two  of  the  board  shall  be  elected  for  one 
year,  two  for  two  years,  and  three  for  three  years.  After  said 
first  election  so  many  shall  be  elected  each  year  as  equals  the  num- 
ber whose  term  expires  that  year.  They  shall  be  elected  by  roll-call 
as  in  other  cases  by  the  board  of  education  of  the  city  of  Cleveland,  at  its 
first  regular  meeting  after  the  third  Monday  of  April,  1886,  and  annually 
thereafter  as  hereinbefore  provided.  The  board  of  education  shall  have 
power  at  any  time  to  fill  vacancies  in  the  library  board  for  unexpired 
terms  by  election  as  aforesaid.  (1886,  April  28:  83  v.  104;  80  v.  172;  Rev. 
Stat.  1880;  75  V.  loi,  §  I.) 

Sec.  4001.  [Powers  and  duties  of  library  board.]  Such  library 
board  shall  report  in  writing  to  the  board  of  education  once  each  year,  and 
-oftener  if  required  by  the  latter,  shall  have  exclusive  charge  and  control 
of  the  public  library  of  the  city,  and  shall  have  full  power  to  make  all 
rules  and  regulations  for  the  government  and  management  thereof;  to 
employ  a  librarian  and  such  assistants  and  help  as  may  be  needed  for 
the  care  and  protection  of  the  library,  and  to  attend  to  the  drawing 


106  OHIO    SCHOOL    LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

and  return  of  books ;  but  prior  to  such  employment  the  compensation 
of  such  librarian,  assistants  and  help,  shall  be  fixed  by  the  library 
board,  by  a  majority  of  the  members  thereof  voting  in  favor  of  such 
compensation,  on  roll-call  by  the  secretary,  and  such  librarian,  assist- 
ants and  help  shall  be  employed  by  a  vote  in  the  same  manner. 
(1883,  April  18:  80  V.  172;  78  V.  132;  Rev.  Stat.  1880;  76  v.  50,  §  2.) 
Sec.  4002.  [Library  tax,  and  how  expended.]  For  the  purpose  of 
increasing  and  maintaining  the  public  library  in  said  city,  and  the  terri- 
tory thereto  attached  for  school  purposes,  such  library  board  may  levy 
annually  a  tax  of  six-tenths  of  one  mill  on  each  dollar  valuation  of  the 
taxable  property  of  the  city,  and  the  territory  thereto  attached  for  school 
purp'ises,  to  be  levied,  collected  and  paid  in  the  same  manner  as  are 
school  taxes  of  the  city;  all  money  appropriated,  received  or  collected 
by  tax  for  the  library,  shall  be  expended  under  the  direction  of  the  library 
board  in  purchasing  such  books,  pamphlets,  papers,  magazines,  period- 
icals, journals  and  other  property  as  may  be  deemed  suitable  for  the 
public  library,  and  in  payment  of  all  other  charges  and  expenses,  includ- 
ing compensation  of  the  librarian,  assistants  and  help  that  may  be  incurred 
in  increasing  and  maintaining  the  library,  and  all  claims  against  said  fund 
shall  be  approved  by  the  president  and  secretary  of  said  library  board 
and  paid  upon  the  warrant  of  the  auditor  of  the  board  of  education  in 
the  manner  now  provided  by  law  for  the  payment  of  claims  against 
"said  city.  (94  v.  26:  91  v.  268,  123;  90  v.  96;  80  v.  172,  173;  Rev. 
Stat.  1880;    76  V.  50,  §  3.) 

Part  of  school  tax  in  Cleveland  to  be  used  for  library;    see  Sec.  4002-18. 

(4002-1)  Sec.  I.  [Cleveland  library  board  to  hold  title  and  control 
property.]  Said  library  board,  in  its  own  name  shall  hold  the  title 
to  and  have  the  custody,  management  and  control  of  all  property 
of  said  library  board,  both  real  and  personal,  whether  acquired  here- 
tofore, or  hereafter,  and  shall  have  power  over,  and  the  executive 
control  of  the  expenditures  of  moneys  collected  for  the  purpose  of 
purchasing  lands,  and  erecting  buildings  and  also  have  complete 
custody,  management  and  control  of  all  public  libraries  and  branches 
and  stations  thereof,  and  the  reading-rooms  connected  therewith. 
(92  v.  590.) 

(4002-2)  Sec,  2.  [Can  purchase,  lease  or  condemn,]  Said  library 
board  shall  have  power,  by  a  two-third  vote  of, its  members  entered  upon 
its  journal,  to  purchase  grounds  and  erect  suitable  library  buildings, 
and  to  lease  grounds  and  suitable  library  buildings,  and  in  case  suitable 
grounds  cannot  be  purchased,  to  condemn  the  grounds  desired,  by 
virtue  of  the  power  of  eminent  domain,  and  erect  thereon  suitable  and 
appropriate  buildings  for  library  use.  The  title  to  such  grounds  so 
purchased  or  condemned  and  buildings  erected  shall  be  taken  to  and  vest 
in  the  said  library  board.     (92  v.  590 ) 


OHIO   SCHOOL   LAWS.  107 


School  Houses  and  Libraries.  Ch.  8. 

(4002-3)  Sec.  3.  [Proceedings  to  condemn.]  When  it  is  deemed 
necessary  by  said  library  [board]  to  condemn  or  appropriate  private 
property,  whereon  to  erect  library  buildings,  said  library  board  in  making 
such  appropriation  shall  proceed  in  accordance  with  the  provisions  of 
section  2235  and  subsequent  sections  found  in  chapter  3,  division  7,  title 
12  of  the  Revised  Statutes  of  Ohio  and  acts  amendatory  thereof  and 
supplementary  thereto.     (92  v.  590.) 

(4002-4)  Sec.  4.  [Donations.]  Said  board  may  by  resolution 
accept  any  gift,  devise  or  bequest  of  property,  real  and  personal,  for 
the  benefit  of  the  library.     (92  v.  590.) 

(4002-5)  Sec.  5.  [  Exempt  from  tax  and  execution.]  All  property, 
real  or  personal,  vested  in  any  public  library  board  shall  be  exempt  from 
taxation  and  from  sale  on  execution  or  other  writ  or  order  in  the  nature 
of  an  execution.  All  conveyances  made  by  such  library  board  shall  be 
executed  by  the  president  and  secretary  thereof.     (92  v,  590.) 

(4002-6)  Sec.  6.  [Oath.]  Each  person  appointed  a  member  of 
such  board  shall,  upon  entering  upon  the  duties  of  his  office,  take 
an  oath,  or  affirmation,  to  obey  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  Ohio,  and  that  he  will  faithfully 
perform  the  duties  of  his  office.     (92  v.  590.) 

(4002-7)  Sec.  7.  [Organization.]  Said  library  board  at  its  first 
meeting  in  June  after  the  passage  of  this  bill,  and  annually  thereafter  in 
June,  shall  organize  by  choosing  a  president,  a  vice  president  and  a 
secretary,  and  in  the  absence  of  the  president  or  his  inability  to  act,  the 
vice  president  shall  perform  the  duties  of  the  president.     (92  v.  590.) 

(4002-8)  Sec.  8.  [Annual  report.]  Said  library  board  shall  make 
an  annual  report  to  the  board  of  education  stating  the  condition  of  their 
trust,  the  various  sums  of  money  received  from  the  library  fund  and 
from  other  sources  and  how  much  moneys  have  been  expended,  and  for 
what  purposes ;  the  number  of  books  and  periodicals  on  hand ;  the  num- 
ber added  by  purchase,  gifts  or  otherwise  during  the  year;  the  number 
lost  or  missing,  the  number  of  books  loaned  out  and  the  general  charac- 
ter of  the  books,  with  other  statistics,  information  and  suggestions  as 
they  may  deem  of  general  interest.     (92  v.  590.) 

(4002-9)  Sec.  9.  [  No  member  of  board  to  be  interested  in  contract, 
except;  validity  of  contract.]  No  member  of  such  library  board  shall 
have  any  pecuniary  interest,  either  directly  or  indirectly,  in  any  contract 
made  with  the  board  or  be  employed  in  any  manner  or  have  any  com- 
pensation from  the  board  of  which  he  is  a  member,  except  as  secretary, 
and  no  contract  shall  be  binding  upon  such  board  unless  it  be  made  or 
authorized  to  be  made  at  a  regular  or  special  meeting  of  the  board.  (92 
V.  590.) 


108  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

(4002-10)  Sec.  10.  [Use  of  library  and  reading  room.]  Every 
library  and  reading-room  established  under  this  act  shall  be  free  to  the 

use  of  the  inhabitants  of  such  city  and  those  who  reside  in  the  territory 
thereto  attached  for  school  purposes,  subject,  however,  to  such  rules  and 
regulations  as  the  library  board  may  deem  necessary  to  adopt  and  publish, 
to  protect  and  preserve  property  therein  in  order  to  render  the  use  of  said 
library  and  reading-room  of  the  greatest  benefit  to  the  greatest  number ; 
and  said  library  board  may  exclude  and  cut  off  from  the  use  of  said 
library  and  reading-room  any  and  all  persons  who  shall  wilfully  violate 
any  of  such  rules  and  regulations.    (92  v.  590.) 

(4002-11)  Sec.  II.  [Bonds  to  pay  for  land  and  building.]  Said 
library  board  ma}'  issue  bonds  with  interest  coupons  attached,  to  obtain 
land  and  building  for  a  public  library  and  to  furnish  the  same  and  to  pay 
the  cost  and  expense  thereof,  and  in  anticipation  of  income  from  taxes 
for  such  purposes  levied  or  to  be  levied,  may  from  time  to  time,  as  occa- 
sion requires,  or  at  any  time  after  the  passage  of  this  bill,  issue  and  sell 
bonds,  bearing  interest,  payable  semi-annually,  at  a  rate  specified  therein, 
not  exceeding  five  per  cent.  (5%)  per  annum,  and  in  such  sums  and  at 
such  times  as  the  library  board  may  determine,  which  bonds  shall  be 
numbered  consecutively,  made  payable  to  the  bearer  and  be  signed  by 
the  president  and  secretary  of  the  board  and  denominated  "public  library 
bonds  of  the  city  of  Cleveland,  Ohio,"  and  the  secretary  of  said  board 
shall  keep  a  record  of  the  number,  date,  amount  and  rate  of  interest  on 
each  bond  sold,  the  sum  for  which  and  the  name  of  the  person  to  whom 
sold,  and  the  time  when  payable,  which  record  shall  be  open  to  the  inspec- 
tion of  the  public  at  all  reasonable  times,  and  the  bonds  so  issued  shall  in 
no  case  be  sold  for  a  less  sum  than  the  par  value  nor  bear  interest  until 
the  purchase  money  for  the  same  shall  have  been  paid  by  the  purchaser 
and  such  library  board  shall  pay  such  bonds  and  the  interest  thereon 
when  due,  provided  that  the  total  issue  of  bonds  shall  not  exceed  two 
hundred  and  fifty  thousand  dollars  ($250,000).     (92  v.  590.) 

(4002-12)  Sec.  12.  [Resolution  to  issue;  sale  of.]  The  order  to 
issue  such  bonds  shall  be  made  only  at  a  regular  meeting  of  such  board 
and  by  a  vote  of  five-sevenths  of  all  the  members  thereof,  taken  by  yeas 
and  nays  and  entered  on  the  journal  of  the  board,  and  such  bonds  shall 
be  sold  to  the  highest  bidder  after  being  advertised  once  a  week  for  four 
(4)  consecutive  weeks  in  a  newspaper  having  a  general  circulation  in  the 
county  where  such  bonds  are  issued,  and  if  there  shall  be  more  than  one 
newspaper  in  such  city  having  a  general  circulation  in  the  county  where 
such  bonds  are  issued,  then  the  sale  of  such  bonds  shall  be  advertised 
in  at  least  one  additional  newspaper  of  such  general  circulation  in  such 
county,  the  advertisement  shall  state  the  total  number  of  bonds  to  be 
sold,  the  amount  of  each,  how  long  they  are  to  run,  the  rate  of  interest 


OHIO  SCHOOL  LAWS.  109 


School  Houses  and  Libraries.  Ch.  8. 

to  be  paid  thereon,  whether  annually  or  semi-annually,  the  law  or  section 
of  law  authorizing  their  issue,  clay,  hour  and  place  in  the  county  where 
they  are  to  be  sold,  and  the  privilege  shall  be  reserved  by  such  board  to 
reject  all  or  any  bids,  and  if  said  bids  are  rejected  said  bonds  siiall  be 
advertised  and  the  moneys  arising  on  premium^;  of  the  sale  of  said  bonds 
as  well  as  the  principal  shall  be  credited  to  said  fund  on  account  of  which 
the  bonds  are  issued  and  sold  and  shall  be  used  for  the  purpose  provided  in 
this  section.     (92  v.  590.) 

(4002-13)  Sec.  13.  [Sinking  fund.]  For  the  purpose  of  creating 
a  sinking  fund  for  the  extinguishment  of  the  bonds  provided  for  in  the 
preceding  section,  said  library  board  may  annually  until  the  payments 
of  the  bonds  are  fully  provided  for,  levy  and  collect  a  tax  in  addition  to 
other  taxes  now  authorized  to  be  levied  by  it,  which  shall  not  exceed 
two-tenths  of  one  mill  upon  the  taxable  property  of  the  city  of  Cleveland 
and  the  territory  thereto  attached  for  school  purposes,  which  tax  shall 
be  paid  into  the  treasury  of  "Said  city  and  on  order  of  the  director  of 
accounts  of  said  city  paid  over  to  the  sinking  fund  commission  hereafter 
provi.led  for  and  by  them  applied,  by  order  of  the  library  board  to  the 
extinguishment  of  the  bonds  in  the  preceding  section  provided  and  to  no 
other  purpose  whatever,  and  the  taxes  so  levied  shall  be  certified  and 
placed  on  the  tax  list  and  collected  in  the  same  manner  as  school  taxes 
of  said  city  and  such  tax  shall  be  a  lien  upon  the  property  whereon  they 
are  assessed  and  the  same  as  state  and  county  taxes  and  subject  to  the 
same  penalties  if  delinquent.     (92  v.  590.) 

(4002-14)  Sec.  14.  [Trustees  of  sinking  fund.]  In  such  city  there 
shall  be  a  board  designated  as  "the  trustees  of  the  library  sinking  fund 
of  the  city  of  Cleveland"  composed  of  three  (3)  citizens  thereof,  to  be 
appointed  by  the  court  of  common  pleas  in  the  county  in  which  such 
city  is  situated.  The  first  appointment  shall  be  one  for  the  term  of  one 
year,  one  for  the  term  of  two  years,  and  one  for  the  term  of  three  years, 
and  all  trustees  appointed  thereafter  shall  serve  for  three  years,  except 
in  case  of  vacancy,  which  shall  be  filled  by  said  court  for  the  unexpired 
term,  and  before  any  person  appointed  as  a  member  of  such  board  shall 
assume  the  duties  of  his  office  he  shall  give  bond  to  the  state  of  Ohio  in 
the  sum  of  five  thousand  dollars  ($5,000)  with  not  less  than  two  sureties. 
to  faithfully  discharge  his  said  duties.     (92  v.  590.) 

(4002-15)  Sec.  15.  [Their  organization.]  Such  trustees  imme- 
diately after  appointment  and  qualification  shall  organize  by  appoint- 
ing one  of  their  number  as  president  and  the  director  of  accounts 
of  such  city  shall  act  as  secretary  of  said  board  of  trustees  and  the 
library  board  shall  provide  such  trustees  with  a  place  of  meeting, 
and  regular  meetings  of  such  trustees  shall  be  held  on  the  second 
Monday  of  January  and  July  of  each  year,  hut  other  meetings  may- 


110  OHIO    SCHOOL    LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

be  called  by  the  president  or  any  member  of  the  board.  Their  pro- 
ceedings shall  be  recorded  in  a  journal  kept  for  that  purpose  which 
shall  at  all  times  be  open  to  the  inspection  of  the  library  board  or 
any  member  thereof  and  all  questions  relating  to  the  purchase  or 
sale  of  securities,  payment  of  bonds  or  interest  shall  be  decided 
by  a  viva  voce  vote  with  the  name  of  each  member  voting  recorded 
on  the  journal  and  no  question  shall  be  decided  unless  approved  by  a 
majority  of  the  whole  board.     (92  v,  590.) 

(4002-16)  Sec.  16.  [Their  duty  to  certify  tax.]  The  trustees  of 
such  sinking  fund  shall  in  the  month  of  May  in  each  year  and  oftener, 
if  required,  certify  to  the  library  board  the  rate  of  tax,  not  exceeding, 
the  limit  herein  provided,  necessary  to  provide  a  sinking  fund  for  the 
payment  of  the  bonds  issued  by  authority  of  this  bill  together  with 
the  amount  necessary  to  be  levied  to  provide  for  the  payment  of 
the  interest  thereon,  and  the  library  board  shall  levy  the  amount 
so  certified  as  under  this  act  provided  and  for  the  full  amount  so 
certified,  but  said  library  board  may  increase  the  amount  so  reported, 
provided  the  total  amount  so  levied  does  not  exceed  the  limitation 
provided  in  this  bill.     (92  v.  590.) 

(4002-17)  Sec.  17.  [Investments  by.]  The  trustees  of  such  sink- 
ing fund  shall  invest  all  moneys  received  by  them  in  bonds  of  the  United 
States,  state  of  Ohio,  city  of  Cleveland,  city  of  Cincinnati,  city  of  Colum- 
bus, and  the  city  of  Toledo,  and  they  shall  give  preference  to  the  bonds 
of  the  city  of  Cleveland,  where  they  can  be  purchased  at  a  price  equal  to, 
or,  less  than  the  bonds  of  the  United  States,  or  of  the  state  of  Ohio, 
taking  into  consideration  the  rata  of  interest  paid  on  each,  and  the  interest 
received  shall  be  reinvested  in  like  manner  and  at  no  time  shall  there  be 
more  than  $5,000  kept  on  deposit  if  investment  can  be  made,  and  said 
trustees  shall  provide  for  the  payment  of  all  interest  on  said  bonds  herein 
authorized  to  be  issued,  together  with  the  principal  thereof  at  maturity 
of  said  bonds,  from  said  funds  so  invested  by  them.     (92  v.  590-) 

(4002-18)  Sec.  I.  [Cleveland  may  appropriate  from  school  fund 
for  library.]  In  all  cities,  which,  by  the  last  federal  census,  had, 
and  all  those  which  hereafter,  on  the  first  day  of  March,  in  any 
year,  as  ascertained  by  any  federal  census,  may  have,  a  population 
exceeding  ninety  thousand  and  less  than  two  hundred  thousand  in- 
habitants, it  shall  be  lawful  to  appropriate  from  the  school  fund, 
an  amount  equal  to  the  proceeds  of  one-tenth  of  one  mill  of  the  tax 
levy,  to  maintain  or  assist  in  maintaining  the  public  library  and  pay  in 
p^rt  the  cost  and  expense  of  supporting  and  running  any  public 
library  in  said  cities  in  addition  to  the  one-tenth  of  one  mill  now 
authorized  by  law  to  be  reased  by  taxation  for  that  purpose ;  pro- 
vided, that  this  act  shall  not  be  construed  to  authorize  any  increase  in 
levies  for  school  purposes,  including  libraries  in  said  cities,  over  tha^ 
made  in  1877.     (75  V.  11.) 


OHIO    SCHOOL    LAWS.  Ill 


School  Houses  and  Libraries.  Ch.  8. 


IN   TOLEDO. 

(4002-19)  Sec,  I.     [Toledo  public  library;    tax  for  library.]     In 

any  city  of  the  third  grade  of  the  first  class,  the  city  council  may,  by 
a  resolution  passed  by  a  majority  of  the  members  elected  thereto,  de- 
clare it  to  be  essential  to  the  interests  of  such  city,  to  establish  and 
maintain  therein  a  public  library  and  reading  room.  That  thereafter 
the  said  city  council  shall,  annually,  levy  a  tax  of  thirty-five  one- 
hundredths  (35-100)  of  one  mill  on  the  dollar  on  the  taxable  prop- 
erty of  such  city  for  that  purpose,  to  be  called  the  library  fund ;  and 
which  levy  shall  be  certified  to  the  county  auditor  of  the  county, 
and  by  him  placed  on  the  tax  duplicate  of  the  county  and  collected 
as  other  taxes.  (94  v.  166;  1888,  April  12;  85  v.  209;  Rev.  Stat. 
1880;    70  V.  142.) 

(4002-20)  Sec.  ifl.     (Repealed  April  14,  1900.     94  v.  1C6.) 

(4002-21)  Sec.  2.  [Board  of  trustees.]  The  custody  and  manage- 
ment of  such  public  library  and  reading-room,  as  well  as  its  entire  admin- 
istration, shall  be  committed  to  a  board  of  trustees,  nine  in  number,  of 
whom  the  mayor  of  such  city  for  the  time  being  shall  be  one,  and  the 
others  shall  be  appointed  by  the  common  council,  four  of  whom  shall  be 
appointed  from  such  nan>es  as  shall  be  nominated  to  the  common  council 
by  the  board  of  education  of  said  city,  and  shall  be  citizens  of  approved 
learning,  discretion,  and  fitness  for  such  office.  They  shall  hold  their 
office  for  the  term  of  four  years,  and  until  their  successors  are  duly 
elected  and  qualified ;  provided,  that  the  trustees  first  appointed, 
other  than  the  mayor,  shall  be  elected  respectively  for  terms  of  one, 
two,  three,  and  four  years,  from  the  first  day  of  January  next  follow- 
mg  their  election,  two  for  each  term.  Any  vacancy  caused  by  the 
death,  resignation,  or  removal  of  a  trustee,  or  otherwise,  shall  be 
filled  for  his  unexpired  term  by  appointment  of  the  common  council. 
No  trustees  shall  have  compensation  as  such.  (1888,  April  12:  85 
V.  209,  210;    Rev.  Stat.  1880;   70  v.  142.) 

(4002-22)  Sec.  3.  [Transfer  of  libraries  to  such  board  by  the 
board  of  education.]  As  soon  as  said  board  of  trustees  shall  be  elected 
and  organized,  it  shall  be  the  duty  of  the  board  of  education  in  such 
city  to  transfer  to  the  custody  and  control  of  such  board  of  trustees 
whatever  public  library  or  libraries  may  be  in  its  possession  or  con- 
trol, except  such  books  of  reference,  maps  or  charts  as  the  board  of 
education  may  think  proper  to  retain  for  use  in  school  buildings; 
and  thereafter  no  tax  shall  be  levied  by  such  board  of  education 
for  a  library  fund.  (1888,  April  12:  85^  v.  209,  210;  Rev.  Stat.  1880; 
70  v.  142.) 

(4002-23)  Sec.  4.  [Organization  of  trustees;  regulations;  powers; 
deposit  of  library  funds;   warrants;    power  to  purchase  or  condemn 


112  OHIO   SCHOOL   LAWS. 


Ch.  8.  School  Houses  5nd  L,ibraries. 

grounds;  issue  and  sale  of  public  library  building  bonds;  payment 
of  said  bonds  and  interest;  title  to  grounds  purchased;  librarians 
and  assistants.]  Said  trustees  shall  immediately  after  their  appoint- 
ment, meet  and  organize  by  the  election  of  one  of  their  number  as 
president,  and  by  the  election  of  such  other  officers  as  they  may 
deem  necessary.  They  shall  rnake  and  adopt  such  by-laws,  rules 
and  regulations  for  their  own  government  and  guidance  of  the  library, 
reading  room  and  employes  as  may  be  expedient  and  not  incon- 
sistent with  this  act.  They  shall  have  power  over  and  the  exclusive 
control  of  the  expenditure  of  all  moneys  collected  to  credit  of  the 
library  fund,  and  of  the  supervision,  care,  custody  and  control  of 
the  grounds  and  buildings  constructed  for  such  purpose,  or  rooms 
leased  or  set  apart  for  such  purpose ;  provided,  that  all  moneys  col- 
lected for  such  library,  including  proceeds  of  the  bonds  herein  author- 
ized, and  all  others,  shall  be  deposited  in  the  treasury  of  said  city 
to  the  credit  of  the  library  fund,  and  shall  be  kept  separate  and 
apart  from  other  funds,  and  the  city  auditor  shall  issue  his  warrant 
when  drawn  upon  by  said  board  of  trustees,  or  by  its  proper  officers 
duly  authorized.  Said  board  shall  have  the  power,  by  a  two-third 
vote  of  said  trustees  entered  upon  its  journal,  to  purchase  grounds, 
and  in  case  suitable  grounds  cannot  be  purchased,  to  condemn  the 
grounds  desired,  and  erect  thereon  suitable  and  appropriate  build- 
ing or  buildings  for  the  use  of  said  library ;  the  cost  of  such  ground 
and  buildings  not  to  exceed  in  the  aggregate  the  sum  of  $45,000; 
and  for  such  purpose  said  board  is  authorized  and  empowered  to 
borrow  money  upon  bonds  as  hereinafter  provided  to  pay  for  the 
same,  not  to  exceed  in  the  aggregate,  the  sum  of  $45,000;  and  the  said 
boards  of  trustees  is  authorized  to  issue  and  sell  its  bonds,  for  the 
above  named  amount,  with  coupons  for  interest,  divided  into  and 
payable  in  fifteen  consecutive  annual  payments ;  the  first  of  which 
shall  become  due  three  years  after  their  issue.  Said  bonds  shall 
be  denominated  "The  Public  Library  Building  Bonds"  of  said  city, 
and  shall  be  for  the  sum  of  $500  each,  payable  to  bearer,  and  bear 
interest  at  the  rate  not  exceeding  four  and  one-half  per  cent,  per 
annum,  payable  semi-annually.  Said  bonds  and  coupons  shall  be 
signed  by  the  president  of  said  board  and  attested  by  its  secretary; 
and  in  making  sale  of  said  bonds  the  said  board  of  trustees  shall 
be  governed  by  the  provisions  of  an  act  of  the  general  assembly 
passed  March  22,  1883  (O.  L.,  vol.  80,  p.  68),  entitled  "an  act  pro- 
viding for  the  sale  of  public  bonds."  To  meet  the  payment  of  said 
bonds  and  interest,  the  said  board  of  trustees  shall  appropriate  and 
set  apart  annually  from  said  library  fund,  a  sum  sufficient  for  such 
purpose,  not  to  exceed  one-half  of  the  tax  revenues  collected  for  such 
year.     The  title  to  such  grounds  so  purchased  shall  be  taken  to  and  vest 


OHIO   SCHOOL   LAWS.  113 


School  Houses  and  Libraries.  Ch.  8- 

in  the  trustees  of  the  public  hbrary  of  such  city  ;  said  trustees  shall  be  held 
and  considered  to  be  special  trustees  thereof  for  such  city.  Said  board 
shall  have  power  to  appoint  suitable  librarians  and  necessary  assistants, 
fix  salaries  of  same,  and  shall,  in  general,  carry  out  the  spirit  and  intent 
of  this  act  in  establishing  and  maintaining  the  best  public  library  and 
reading-room  with  the  means  at  their  disposal.  (1888,  April  12:  85 
V.  209,  210;    Rev.  Stat.  1880;   70  v.  142.) 

(4002-24)  Sec.  40.  [Additional  bonds  authorized  to  be  issued  for 
certain  purposes.]  For  the  purpose  of  enabling  said  board  of  trustees 
to  construct  said  building  or  buildings  so  as  to  make  it  or  them  fire-proof,, 
and  thereby  insure  protection  to  the  large  and  valuable  library  to  be  kept 
therein,  and  to  pay  the  increased  cost  of  such  construction,  and  complete 
.said  building  or  buildings,  and  provide  necessary  furniture  for  same, 
and  to  pay  for  grading  the  library  grounds  and  constructing  walks,  said 
board  of  trustees  is  hereby  authorized  to  issue  and  sell  additional  bonds 
to  an  amount  not  in  excess  of  thirty-five  thousand  dollars  ($35,000) ; 
said  additional  bonds  shall  bear  interest,  be  issued,  sold,  the  proceeds  de- 
posited, drawn,  used,  and  the  interest  and  principal  paid,  as  provided,, 
and  subject  in  all  respects  to  all  the  conditons  named  in  said  original 
section  4,  for  the  bonds  therein  authorized,  except  as  follows :  the  bonds 
hereby  authorized,  shall  mature,  three  thousand  dollars  ($3,000.00)  July 
I,  1890:  five  thousand  dollars  ($5,000.00)  July  i,  1906;  and  five 
thousand  dollars  ($5,000.00)  July  i,  of  each  succeeding  year  until 
July  I,  191 1,  when  seven  thousand  dollars  ($7,000.00)  shall  mature, 
but  if  it  be  found  unnecessary  to  issue  all  of  said  bonds,  those  not 
issued  shall  be  those  last  to  mature  as  aforesaid ;  and  the  rate  of 
interest  shall  not  exceed  four  per  cent,  on  those  bonds  to  mature 
July  I,  1906  and  thereafter;  and  said  board  shall  annually  appro- 
priate and  set  apart  such  additional  sum  as  may  be  necessary  fO' 
pay  said  bonds  and  the  interest  thereon  as  the  same  mature.  (1889, 
March  12:    86  v.  79.) 

(4002-25)  Sec.  4^.  [Purchase  of  a  site  for  library.]  That  on  the 
request  of  said  board  by  a  two-thirds  vote  of  all  of  the  trustees,  en- 
tered on  its  journal,  any  such  city  of  the  third  grade  of  the  first  class, 
may  purchase,  appropriate,  enter  upon  and  hold,  any  real  estate  within 
its  limits,  by  it  deemed  necessary  for  the  purpose  of  providing  said 
public  library  with  suitable  library  grounds  and  extensions  or  addi- 
tions thereto.  The  cost  and  expense  of  acquiring  such  grounds,  ex- 
tensions or  additions  shall  be  paid  for  by  the  trustees  of  such  public 
library,  out  of  any  moneys  in  its  hands  or  due  and  owing  to  it  from 
the  public  library  fund.     (88  v.  92.) 

(4002-26)  Sec.  4f.  [Appropriation  of  private  property.]  That 
when  it  is  deemed  necessary  by  any  such  city  of  the  third  grade  of 

8    S.  L. 


114  OHIO    SCHOOL    LAWS. 


Ch.  8  School  Houses  and  Libraries. 

the  first  class  to  appropriate  private  projerty  as  heretofore  provided 
in  said  supplementary  section  46,  any  such  city  shall  proceed  in 
making  such  appropriation*  under  and  in  accordance  with  the  pro- 
visions of  section  2235  and  the  subsequent  sections  thereto  as  found 
in  chapter  3,  division  7,  title  12  of  the  Revised  Statutes  of  this  state, 
'in  so  far  as  the  same  are  applicable.     (88  v.  335.) 

(4002-27)  Sec.  4t/.  [Additional  building  bonds.]  For  the  pur- 
poses specified  in  said  original  section  four  (4)  and  the  first  section 
supplemental  thereto,  section  4a,  and  to  complete  the  carrying  out 
of  such  purposes,  and  paying  therefor,  said  board  of  trustees  is  hereby 
authorized  to  issue  and  sell  additional  bonds  to  an  amount  not  in 
€xcess  of  five  thousand  dollars  ($5,000.00)  ;  and  such  additional  bonds 
shall  be  issued  and  sold  and  their  proceeds  disposed  of  and  their 
payment  including  interest  provided  for,  in  all  respects  in  the  saine 
manner  and  subject  to  the  same  conditions,  as  provided  in  said  sup- 
plemental section  4a  for  the  bonds  to  mature  July  i,  1906,  and  there- 
after, except  that  those  hereby  authorized  shall  mature  July  i,  1912. 
(89  V.  419.) 

(4002-28)  Sec.  5.  [Library  to  be  free,  subject  to  reasonable  rules.] 
Every  library  and  reading-room  established  under  this  act,  shall  be  and 
remain  forever  free  to  the  use  of  the  inhabitants  of  such  city,  subject, 
however,  to  such  reasonable  rules  and  regulations  as  the  library  board 
may  find  and  deem  necessary  to  adopt  and  publish,  to  protect  and  preserve 
the  property  thereirt,  in  order  to  render  the  use  of  said  library  and 
reading-room  of  the  greatest  benefit  to  the  greatest  number ;  and  said 
board  may  exclude  and  cut  off  from  the  use  of  said  library  and  reading- 
room,  any  and  all  persons  who  shall  wilfully  violate  any  of  such  rules 
and  regulations.  (1888,  April  12:  85  v.  209,  211;  Rev.  Stat.  1880;  70 
v.  142.) 

(4002-29)  Sec.  6.  [Annual  report  to  city  council.]  The  said 
board  of  trustees  shall  make  an  annual  report  to  the  city  council, 
stating  the  condition  of  their  trust,  the  various  sums  of  money  re- 
ceived from  the  library  fund,  and  from  other  sources,  and  how  much 
moneys  have  been  expended,  and  for  what  purpose ;  the  number  of 
books  and  periodicals  on  hand ;  the  number  added  by  purchases,  gifts 
or  otherwise  during  the  year;  the  number  lost  or  missing,  the  num- 
ber of  books  loaned  out,  and  the  general  character  and  kind  of  such 
books,  with  other  statistics,  information  and  suggestions  as  they  may 
deem  of  general  interest.  (1888,  April  12:  85  v.  209,  211 ;  Rev.  Stat. 
1880;   70  V.  142.) 

(4002-30)  Sec.  7.  [Penalty  for  injuring  library  property.]  The 
city  council  of  such  city  shall  have  power  to  pass  ordinances  imposing 
suitable  penalties  for  the  punishment  of  any  and  all  persons  committing 


OHIO    SCHOOL    LAWS.  115 


School  Houses  and  Libraries.  Ch.  8. 

injury  upon  such  library  buildings,  grounds  or  other  property  thereof. 
(1888,  April  12:  85  V.  209,  211;  Rev.  Stat.  1880;  70  v.  142.) 

(4002-31)  Sec.  8.  [Power  of  trustees  to  accept  donations,  etc.] 
Any  person  or  persons  desiring  to  make,  devise  or  bequest,  donation 
or  gift  of  either  books,  personal  property,  money  or  real  estate,  to 
and  for  the  use  and  benefit  of  such  library,  may  vest  the  same  or 
title  thereto  in  the  said  trustees  created  under  this  act ;  to  be  held 
and  controlled  by  said  board,  its  successors,  when  accepted,  accord- 
ing to  the  terms  of  such  devise,  bequest  or  deed  of  gift  of  such  prop- 
erty ;  and  as  to  such  property  the  said  board  of  trustees  shall  be 
held  and  considered  special  trustees  thereof.  (1888,  April  12:  85  v. 
209,  212;  Rev.  Stat.  1880;  70  V.  142.) 

IN   DAYTON. 

(4002-32)  Sec.  I.  [ Dayton  public  library  board ;  election  of.]  In 
any  city  of  the  second  grade  of  the  second  class  the  city  board  of  educa- 
tion may  elect  by  ballot,  a  special  board  of  six  competent  persons,  res- 
idents and  electors  of  said  city  or  school  district,  to  be  called  the  library 
board,  which  board  shall  have  the  sole  custody,  control  and  management 
of  the  public  library  of  such  city  and  of  any  reading  rooms, 'branch  libra- 
ries or  library  stations  by  said  library  board  established  in  connection 
with  such  public  library.     (89  v.  229;  84  v.  171.) 

(4002-33)  Sec.  2.  [Political  composition  of;  terms;  vote  re- 
quired to  elect.]  The  six  members  of  said  library  board  shall  be 
selected  equally  from  the  two  political  parties  having  the  largest 
representation  in  the  city  board  of  education  and  shall  be  elected 
as  follows:  Two  for  a  tern;  of  one  year,  two  for  a  term  of  two 
years  and  two  for  a  term  of  three  years,  one  member  from  each 
of  said  political  parties  to  be  elected  for  each  of  said  several  terms ; 
and  at  the,  end  of  the  first  year  and  of  each  year  thereafter,  two 
members  of  said  library  board,  one  from  each  of  said  political  par- 
ties, shall  be  elected,  by  ballot,  by  said  board  of  education  for 
the  term  of  three  years.  It  shall  require  the  affirmative  vote  of 
a  majority  of  all  the  members  elected  to  said  board  of  education  to  elect 
the  members  of  said  library  board.     (89  v.  229;  84  v.  171.) 

(4002-34)  Sec.  3.  [Powers  and  duties.]  Said  library  board  shall 
have  power  over  and  the  exclusive  control  of  the  library  fund  hereinafter 
provided  for,  and  of  the  expenditure  of  all  moneys  collected  to  the 
credit  thereof.  They  shall  have  power  to  establish  in  said  city  reading 
rooms,  branch  libraries  and  library  stations  in  connection  with  such 
public  library,  and  to  lease  and  furnish  such  rooms,  buildings  or  parts 
thereof  as  are  required  for  such  purposes,  and  to  pay  all  necessary  expen- 
ses connected  therewith.     They  shall  have  power  and  it  shall  be  their 


116  OHIO    SCHOOL    LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

duty  to  purchase  and  pay  for  all  books,  periodicals,  magazines  and  other 
literature,  and  supplies  necessary,  in  their  judgment,  for  said  public 
library,  reading  rooms,  branch  libraries  and  library  stations,  and  to  incur 
the  necessary  expenditures  for  the  encouragement  and  advancement  of 
the  best  use  of  such  public  library,  reading  rooms,  branches  and  stations, 
by  the  public ;  all  of  such  purchases,  payments  and  expenditures  to  be 
made  out  of  said  library  fund  hereinafter  provided  for.  They  shall  have 
power  and  it  shall  be  their  duty  to  employ  a  librarian,  assistant  librarians,, 
janitors  and  other  necessary  assistants  for  such  public  library,  reading 
rooms,  branches  and  stations,  to  fix  the  compensation  of  persons  so 
employed  and  to  pay  same  out  of  said  library  fund.  Said  library  board 
may  fix  the  term  of  any  such  persons  employed  by  them  for  any  period, 
not  to  exceed  one  year.     (89  v.  229;  84  v.  171.) 

(4002-35)  Sec.  4.  [Expenses  of  library  for  ensuing  year.]  Said 
library  board  shall,  annually,  prior  to  the  annual  levy  of  taxes  made  by 
the  city  board  of  education,  report  and  certify  to  such  city  board  of  edu- 
cation a  statement  of  the  amount  by  said  library  board  deemed  neces- 
sary for  the  expenses  and  expenditures  of  such  library  board  for  the  ensu- 
ing fiscal  year ;  and  said  city  board  of  education  shall  annually  levy  a  tax 
for  such  library  purposes  and  for  the  use  of  such  library  board  for  such 
])urposes  for  such  ensuing  year  to  the  full  amount  so  reported  and  certified 
by  said  library  board ;  provided,  however,  that  the  amount  so  jevied  shall 
not  exceed  the  amount  hereinafter  authorized  to  be  levied  for  such  pur- 
poses. The  fiscal  year  of  said  library  board  shall  be  the  same  as  that  of 
the  board  of  education.     (89  v.  229;  84  v.  171.) 

(4002-36)  Sec.  5.  [Tax  for  library  fund;  custodian;  disburse- 
ments and  balance.]  The  board  of  education  of  such  city  wherein  a 
library  board  exists  under  the  act  to  which  this  act  is  amendatory 
or  shall  hereafter  be  elected  under  this  act,  shall  have  the  power 
and  it  shall  be  the  duty  of  such  board  of  education  to  levy  annually 
for  such  public  library  purposes  a  tax  not  exceeding  three-tenths 
of  one  mill  on  the  dollar  of  the  city  valuation,  to  be  called  the 
library  fund,  which  levy  shall  be  certified  by  said  board  of  edu- 
cation to  the  county  auditor  of  the  county  in  which  said  city  is 
situate,  within  the  time  and  in  the  manner  fixed  for  the  certifying 
of  other  levies  made  by  said  board  of  education ;  and  which  levy 
shall  be  by  said  auditor  placed  on  the  tax  duplicate  of  the  county 
and  collected  as  other  taxes.  Such  levy  for  library  purposes  shall 
not  be  a  part  of  the  general  levy  authorized  to  be  made  by  such 
board  of  education  for  school  purposes.  All  moneys  collected  for  such 
library  fund  shall  be  deposited  in  the  county  treasury  to  the  credit  of  said 
fund  and  shall  be  kept  separate  and  apart  from  other  funds,  and  the  county 
treasurer  shall  be  the  treasurer  of  said  fund ;  and  such  county  treasurer 


OHIO    SCHOOL    LAWS.  117 


"School  Houses  and  Libraries.  Ch.  8. 

shall  pay  out  said  fund  upon  orders  drawn  thereupon  and  to  him  directed 
by  said  library  board  or  by  its  proper  officers  duly  authorized  by  said 
library  board  Any  part  of  said  fund  unexpended  during  any  year 
shall  remain  to  the  credit  of  said  library  fund.     (89  v.  229;  84  v.  171.) 

(4002-37)  Sec.  6.  [Provisions  governing  board.]  Said  library 
board  shall,  immediately  after  their  election,  meet  and  organize 
by  the  election  of  a  president,  a  secretary  and  other  necessary  of- 
ficers from  their  number,  and  such  election  shall  be  held  annually 
thereafter.  Said  board  shall  make  and  adopt  such  by-laws,  rules 
and  regulations  for  their  own  government  and  guidance  and  for 
the  government  and  guidance  of  the  public  library,  reading  rooms, 
branch  libraries,  and  stations,  and  of  the  employes  of  said  board 
as  may  be  expedient  and  not  inconsistent  with  this  act,  and  said 
board  shall,  by  their  by-laws,  designate  the  officers  authorized  to 
draw  orders  upon  said  library  fund.  Any  public  library  now  estab- 
lished in  any  such  city  and  which  is  maintained  and  in  operation  under 
and  by  virtue  of  the  provisions  of  the  act  to  which  this  act  is  amendatory, 
and  the  existing  library  board  of  such  city  and  the  officers  thereof,  shall 
be  governed  by  the  provisions  of  this  act ;  and  such  library  board  shall 
succeed  to  and  be  vested  with  all  the  rights,  powers  and  privileges,  and 
charged  with  all  the  duties  herein  granted  or  imposed ;  and  the  members 
of  such  existing  library  board  elected  thereto  by  the  board  of  education 
prior  to  the  taking  effect  of  this  act  shall  continue  as  such  until  the 
expiration  of  their  present  terms,  and  their  successors  shall  be  elected  pur- 
suant to  the  provisions  hereof.  The  present  officers  of  such  existing 
library  board  shall  continue  in  office  until  the  expiration  of  their  present 
terms  as  such  officers  or  until  a  vacancy  occurs  therein  prior  to  such  ex- 
piration when  their  successors  shall  be  elected  pursuant  to  the  provisions 
hereof.  Where  such  existing  library  board  has  heretofore  reported  to 
5uch  board  of  education  their  estimate  of  the  expenses  of  such  library 
for  the  current  year,  pursuant  to  the  provisions  of  the  act  to  which  this 
act  is  amendatory,  such  board  of  education  shall  forthwith,  upon  the 
taking  eflfect  of  this  act,  set  apart  and  pay  over  to  the  said  county  treasurer 
as  the  treasurer  of  such  library  fund  the  unexpended  balance  of  the  appro- 
priation heretofore  made  by  such  board  of  education  for  such  library  ex- 
penses for  the  current  year,  which  balance  shall  become  and  constitute  a 
part  of  said  library  fund  hereinbefore  provided  fc^  and  shall  be  expended 
by  said  library  board  for  the  maintenance,  management  and  expenses 
of  such  public  library,  reading  rooms,  branch  libraries  and  library  sta- 
tions, for  the  remainder  of  such  current  year.     (89  v.  229 ;  84  v.  171.) 

(4002-38)  Sec.  I.  [Museum  may  be  established.]  In  any  city  of 
the  second  grade  of  the  second  class,  wherein  there  now  is  or  shall 
hereafter  be  a  public  library  of  such  city,  under  the  control,  custody  and 


118  ■  OHIO    SCHOOL    LAWS. 


Ch.  8.  School  Houses  and  Libraries. 

management  of  a  library  board  establisbed  pursuant  to  the  provisions 
of  an  act  entitled  "An  act  to  provide  for  competent  and  non-partisan 
public  library  boards  in  cities  of  the  second  class,  second  grade,"  passed 
March  21,  1887  (O.  L.,  v.  84,  p.  171),  and  of  acts  amendatory  thereto, 
such  library  board  shall  have  the  power,  and  is  hereby  authorized  to^ 
establish  and  maintain,  in  connection  with  such  public  library,  a  public 
museum  for  the  benefit  of  the  public  of  such  city  ;  and  such  board  may 
.appropriate  and  expend,  out  of  the  amount  of  the  tax  levy  heretofore 
or  hereafter  annually  made  for  library  purposes  and  for  the  use  of  such 
board,  such  amounts  as  are  in  their  judgment  necessary  for  the  estab- 
lishment and  maintenance  of  such  public  museum.  Such  library  board  is 
empowered  to  receive,  by  way  of  gift,  loan  or  purchase,  specimens  and 
collections  for  such  museum,  to  be  accepted  and  held  by  such  board 
and  their  successors  in  office,  in  trust  for  museum  purposes,  and  un 
der  such  conditions  and  regulations  as  they  may  from  time  to  time 
establish.  Such  library  board  may  make,  from  the  funds  arising 
from  such  tax  levy,  such  purchases  of  specimens  and  collections  for 
such  museum,  as  shall  not  impair  the  proper  and  sufficient  use  of 
such  funds  for  library  purposes.     (90  L.  L.,  377.) 

IN  SMALLER  CITIES  AND  VILLAGES. 

Massillon  —  May  issue  public  library  bonds.    93  v.   521. 

Massillon  —  may  levy  a  tax  for  maintenance  of  free  public  libraries.    93  v.   508. 

(4002-39)  Sec.  I.  [Certain  cities  and  villages  may  have  libraries;; 
tax.]  The  common  council  of  every  city  not  exceeding  in  population 
thirty  thousand  inhabitants,  and  of  every  incorporated  village  shall 
have  power  to  establish  and  maintain  a  public  library  and  reading  room, 
and  for  such  purpose  may  annually  levy  and  cause  to  be  collected,  as 
other  general  taxes  are,  a  tax  not  exceeding  one  mill  on  each  dollar 
of  the  taxable  property  of  such  city  or  village,  to  constitute  the  library^ 
fund,  which  shall  be  kept'  by  the  treasurer  separate  and  apart  from  other 
money  of  the  city  or  village,  and  be  used  exclusively  for  the  purchase 
of  books,  periodicals,  necessary  furniture  and  fixtures  and  whatever  is 
required  for  the  proper  maintenance  of  such  library  and  reading  room. 
(89  V.  98.) 

(4002-40)  Sec.  2.  [Directors.]  For  the  government  of  such  li- 
brary and  reading  room  there  shall  be  a  board  of  six  directors,  ap- 
pointed by  the  council  of  such  city  or  village  from  among  the  citizens 
thereof  at  large,  and  not  more  than  one  member  of  the  council  of  such 
city  or  village  shall  at  any  one  time  be  a  member  of  said  board.  Such 
directors  shall  hold  their  office  for  three  years  from  the  date  of  ap- 
pointment, and  until  their  successors  are  appointed,  but  upon  their 
first  appointment  they  shall  divide  themselves  at  their  first  meeting 
by  lot  into  three  classes,  one-third  for  one  year,  one-third  for  twa 


OHIO   SCHOOL   LAWS. 


119 


School  Houses  aud  Libraries.  Ch.  8. 

years,  and  one-third  for  three  years,  and  their  terms  shall  expire 
accordingly.  All  vacancies  shall  be  immediately  reported  by  the 
directors  to  the  proper  council,  and  be  filled  by  appointment  in  like 
manner;  and  if  an  unexpired  term,  for  the  residue. of  the  term  only. 
No  compensation  whatever  shall  be  paid  or  allowed  to  any  director. 
(89  V.  98.) 

Uoard  of  control  in*  Hamilton  successor  of  free  public  library  trustees,  exercises  powers 
of;   see   Sec.    1545-290,    R.   S. 

(4002-41)  Sec.  3.  [Organization;  by-laws,  etc.;  control  of  ex- 
penditures; custody  of  building;  how  money  drawn  from  treasury; 
librarian  and  assistants.]  Said  directors  shall,  immediately  after  their 
appointment,  meet  and  organize  by  the  election  of  one  of  their  number 
president,  and  by  the  election  of  such  other  officers  as  they  rpay  deem 
necessary.  They  shall  make  and  adopt  such  by-laws,  rules  and  regula- 
tions for  their  own  guidance,  and  for  the  government  of  the  library  and 
reading  room,  as  may  be  expedient.  They  shall  have  the  exclusive  con- 
trol of  the  expenditures  of  all  moneys  collected  for  the  library  fund,  and 
the  supervision,  care  and  custody  of  the  rooms  or  buildings  con- 
structed, leased  or  set  apart  for  that  purpose,  and  such  money  shall 
be  drawn  from  the  treasury  by  the  proper  officers,  upon  the  properly 
authenticated  voucher  of  the  board  of  directors,  without  otherwise 
being  audited.  They  may,  with  the  approval  of  the  common  council, 
lease  and  occupy,  or  purchase,  or  erect  on  purchased  ground,  an 
appropriate  building,  provided  that  no  more  than  half  the  income 
in  any  one  year  can  be  set  apart  in  said  year  for  such  purchase  or 
building.  They  may  appoint  a  librarian  and  assistants,  and  prescribe 
rules  for  their  conduct.     (89  v.  98.) 

(4002-42)  Sec.  4.  [Who  may  use  library.]  Every  library  and 
reading  room  established  under  this  chapter  shall  be  forever  free  for 
the  use  of  the  inhabitants  of  the  city  or  village  where  located,  always 
subject  to  such  reasonable  rules  and  regulations  as  .the  library  board 
may  find  necessary  to  adopt  and  publish  in  order  to  render  the  use  of 
said  library  and  reading  room  of  the  greatest  benefit  to  the  greatest 
number;  and  they  may  exclude  and  cut  off  from  the  use  of  said  library 
and  reading  room  any  and  all  persons  who  shall  wilfully  violate  such 
rules.     (89  V.  98.) 

(4002-43)  Sec.  5.  [Annual  report.]  The  said  board  of  directors 
shall  make  an  annual  report  to  such  council,  stating  the  condition  of  their 
trust  —  the  various  sums  of  money  received  from  the  library  fund,  and 
from  all  other  sources,  and  how  much  has  been  expended;  the  number 
of  books  and  periodicals  on  hand ;  the  number  added  by  purchase,  gift 
or  otherwise  during  the  year;  the  number  lost  or  missing,  the  number 
of  books  loaned  out,  and  the  general  character  and  kind  of  such  books. 


120  OHIO  SCHOOL  laws. 


Ch.  8.  School  Houses  and  Libraries. 

with  such  Other  statistics,  information  and  suggestions  as  they  may  deem 
of  general  interest.     (89  v.  98.) 

(4002-44)  Sec.  6.  [Donations.]  All  persons  desirous  of  making 
donations  of  money,  personal  property  or  real  estate,  for  the  benefit  of 
such  library,  shall  have  the  right  to  vest  the  title  of  the  same  in  the 
board  of  directors  created  under  this  law,  to  be  held  and  controlled  by 
said  board,  when  accepted  according  to  the  terms  of  the  deqd  of  gift,  de- 
vise of  bequest  of  such  property,  and  as  to  such  property  the  said  board 
shall  be  held  and  considered  to  be  special  trustees.     (8q  v.  98.) 

(4002-45)  Sec.  7.  [Tax  to  assist  existing  library  association.]  In 
case  a  free  public  library  has  already  been  established  in  any  city  or  in- 
corporated village,  and  duly  incorporated  and  organized,  the  council  may 
levy  a  tax  for  its  support  as  provided  in  this  act,  without  change  in  the 
organization  of  such  library  association,  and  the  sum  so  raised  shall  be 
paid  to  the  officer  or  officers  duly  authorized  to  receive  the  same,  and 
shall  be  under  the  control  of  the  said  library  association ;  provided,  that 
if  at  any  time  such  library  association  ceases  to  exist  or  from  any  rea- 
son fails  to  provide  a  free  circulating  library  as  required  by  the  pro- 
visions of  this  act,  the  books  and  other  property  accumulated  from  the 
proceeds  of  the  levy  herein  authorized  shall  become  the  property  of  the 
city  or  village  and  be  subject  to  the  control  of  the  council  as  herein 
provided.     (89  v.  98.) 

(4002-46)  Sec.  I.  [Library  association  in  cities  of  four  grade, 
second  class;  levy.]  In  any  city  of  the  fourth  grade  of  the  second 
class,  and  in  which  city  there  is  established  and  maintained  by  a  public 
library  association  duly  incorporated,  but  not  organized  for  profit,  a 
public  library,  free  to  all  the  inhabitants  of  such  city,  the  board  of 
education  shall  levy  or  cause  to  be  levied  an  annual  tax,  in  addition 
if  need  be  to  the  annual  amount  of  taxes  limited  by  law  for  school 
purposes,  of  not  less  than  three-tenths  and  not  to  exceed  five-tenths 
of  a  mill  on  all  the  taxable  property  within  such  city  and  school  dis- 
trict, to  be  called  "a  public  library  fund,"  which  shall  be  certified 
to  the  county  auditor  of  the  county  and  placed  on  the  tax  duplicate 
of  the  county,  and  collected  as  other  taxes.      (93  v.  8.) 

(4002-47)  Sec.  2.  [Disposition  of  tax.]  Said  tax  when  so  levied 
and  collected  shall  be  paid  over  by  the  treasurer  of  the  board  of  edu- 
cation to  the  treasurer  of  said  library  association,  to  be  used  only  in  the 
purchase  of  books,  pamphlets,  magazines  or  newspapers,  and  for  general 
library  expenses  of  said  library  association.     (93  v.  8.) 

(4002-48)  Sec.  3.  [Association  to  render  account.]  Said,  board 
of  education  shall  require  said  library  association  to  render  an  account 
as  often  as  it  shall  deem  proper  of  all  taxes  so  received  by  it,  and  how 
the  same  have  been  expended, 


OHIO    SCHOOL    LAWS.  121 


Ch.  8.  School  Houses  and  Libraries. 

[Power  to  levy  tax.]  And  power  to  levy  a  tax  under  this  act 
shall  continue  only  so  long  as  said  association  shall  keep  up  and  main- 
tain in  a  public  place  in  such  city  a  public  library  free  to  all  the  in- 
habitants thereof  and  to  all  persons  residing  within  said  school  district. 

(93  V.  9) 

(4002-49)  Sec.  4.  [Tax  in  lieu  of  other  taxes.]  The  tax  so  levied 
shall  he  in  lieu  of  all  other  taxes  levied  for  school  library  purposes,  and 
no  oiluT  levy  shall  be  made  for  such  jnirpose ; 

[Purchase  of  school  apparatus;  levy.]  Provided,  however,  that 
nothing  l^erein  shall  prohibit  the  board  of  education  from,  purchasing 
all  necessary  philosophical  or  other  apparatus  for  the  schools  and  making 
necessary  levies  therefor.     (93  v.  9.) 

Sec.  4003.  [Consolidation  of  libraries  in  Portsmouth  authorized.] 
In  all  cities  which  at  the  last  federal  census  had,  or  at  any  subsequent 
federal  census  may  have,  a  population  of  ten  thousand  five  hundred  and 
ninety-two,  it  shall  be  lawful  to  merge  any  public  library  therein  hereto- 
fore established  with  any  other  library  or  reading  room  therein  existing; 
but  the  library  formed  by  such  consolidation  shall  be  kept  open  for  the 
use  of  the  public  at  all  reasonable  hours.     (75  v.  541,  §  i ;  76  v.  97,  §1.) 

Sec.  4004.  [Board  of  Portsmouth  to  appoint  library  committee.] 
The  l)()ard  of  education  of  every  such  city  shall,  at  its  first  regular  meet- 
ing after  the  second  Monday  in  June,  1879,  elect  by  ballot  three  suitable 
persons,  residents  of  the  city,  but  other  than  members  of  such  board,  who 
shall  be  known  as  the  library  committee  of  the  city,  one  to  serve  for  one 
year,  one  for  two  ye^rs,  and  one  for  three  years,  and  until  their  suc- 
cessors are  duly  elected  and  qualified,  and  shall,  annually  thereafter,  elect 
in  like  manner  one  person  with  the  same  qualifications  to  serve  for 
three  years,  and  until  his  successor  is  elected  and  qualified ;  and 
any  vacancy  in  such  committee  shall  be  filled  for  the  unexpired  term 
at  the  first  regular  meeting  of  the  board  held  after  the  same  occurs. 
(75  v.  541.  §  2;   76  V.  91,  §  2.) 

Sec.  4005.  [Powers  and  duties  of  such  committee.]  Such  com- 
mittee shall  report  in  writing  to  the  board  of  education  at  least  once 
each  year,  and  oftener  if  required  by  the  board,  and  shall  have  entire 
charge  and  control  of  the  school  library  in  the  city,  with  full  power  to 
make  all  rules  and  regidations  for  the  government  and  regulation  thereof, 
to  employ  a  librarian,  and  such  assistants  and  help  as  may  be  needed  for 
its  care  and  protection,  and  to  require  of  the  librarian  such  bond  as  they 
may  deem  proper  for  the  faithful  performance  of  his  duties,  and  to 
attend  to  the  drawing  and  return  of  books:  but  the  salary  of  such 
librarian,  and  the  rate  of  compensation  of  such  assistants  and  help, 
shall  be  fixed  by  resolution  prior  to  such  employment.     (76  v.  97,  §  3.) 

Sec.  4006.  [Powers  and  duties  of  library  commitees  in  Ports- 
mouth.]    For  the  purpose  of  increasing  and  maintaining  school  li- 


122  OHIO    SCHOOL    LAWS. 


Ch.  8  School  Houses  and  Libraries. 

braries  in  cities  mentioned  in  section  four  thousand  and  three  of  the 
Revised  Statutes  of  Ohio,  and  the  territory  thereto  attached  for  school 
purposes,  such  librar}^  committee  in  such  cities  is  authorized  to  annu- 
ally levy  a  tax  of  three-tenths  of  one- mill  on  the  dollar  valuation  of 
the  taxable  propert}'  of  such  cities  aforesaid,  and  the  territory  thereto 
attached  for  school  purposes,  to  be  assessed,  collected  and  paid  in 
the  same  manner  as  are  the  school  taxes  of  such  cities,  and  all  money 
appropriated  or  collected  by  tax  for  such  library  shall  be  expended 
under  the  direction  of  said  library  committee  in  the  purchase  of  such 
books,  pamphlets,  papers,  map^azines,  periodicals  and  jowrnals,  as 
may  be  deemed  suitable  for  the  public  school  library,  and  in  pay- 
ment of  all  other  costs  and  charges,  including  the  salaries  of  the 
librarian  and  assistants,  that  may  be  incurred  in  maintaining  said 
libraries,  the  bills  and  payrolls  for  which  said  expenditures,  shall, 
upon  the  order  of  the  library  committee,  be  certified  by  the  chair- 
man and  secretary  of  such  committee,  and  paid  by  the  treasurer  of 
the  board  of  education  of  said  city  from  such  library  fund.  (92  v. 
309;   78  V.  176;   Rev.  Stat.  1880;  75  v.  541,  §  2;   76  v.  97,  §  4.) 

Findlay  public  library  act.    So  v.   540 

Cities  of  the  second  class,  third  grade,  except  third  grade  n,  or  any  city  having  by  the 
census  of  181)0  a  population  of  27,000  to  34,000,  may  issue  bonds  for  a  public  library  after  sub- 
mission to  vote;    passed   March  30,   18!>6.    92  v.   106. 

Youngstown  —    Annual  tax  for  its  free  public  library.    87  v.  105. 

Canton — Bonds  for  free  public  library;    passed  .Xpril  14,   1896.    83  v.  79. 

Ironton  —  Public  library,   established  in.       00  L.    L.,  311. 

Logan   (village)  —  Public  library  established.    92  v.  693. 


OHIO    SCHOOL    LAWS. 


123' 


Schools  and  Attendance  Enforced. 


Ch.  9. 


CHAPTER  9. 

SCHOOLS  AND  ATTENDANCE  ENFORCED. 


Section. 


Sufficient   schools   must   be   provided. 

(Repealed.) 

Boards  of  education  may  establish 
schools  of  higher  grade  than  pri- 
mary. 

Township  boards  may  establish  high 
schools. 

Estimate  of  funds   needed. 

Public  day  schools  for  deaf  children 
in*  city  districts  of  first  and  sec- 
ond  grades,    first   class. 

Annual  report  by  board  of  education. 

Annual  apportionment  and  payment 
by  state  treasurer  to  treasurer  of 
such  board  of  education. 

Fund. 

Car  fare  of  deaf  children  paid  by 
board. 

Schools  controlled  by  what  laws. 

Day  schools  for  deaf  children. 

Annual   and    other   reports   by    board 

of  education. 
Annual     payment     to     treasurer     of 
school   board   by   county   treasurer. 
400^12.    Payments    to    be    made    by    county 

treasurer. 
4009-13.    Teachers    appointed    by    school    com- 
missioner;   removal;    qualifications. 

Inspection. 

Township  or  joint  township  high 
school  districts;  petition  for  estab- 
lishment; duty  of  township  board 
of  education;  election  for  submis- 
sion of  question;  form  of  ballot; 
counting  of  ballots  and  return  of 
election. 

Levy  certified  to  auditor  who  shall 
place  same  on  duplicate  for  col- 
lection; townships  divided  by 
county  line;  how  levy  certified 
and  collected. 
4009-17.  Purchase  or  I'enting  of  suitable 
building;  when  question  of  levy 
not    to   be    submitted. 

Employment  of  teachers;  assistant 
teachers. 

When  sub-district  school  may  be 
discontinued. 

Laws  governing  such  school  districts.- 

Schools    of    higher    grade    in    town- 
ships. 
Vote   on    union    of    districts   for    high 
school    purposes;    appointment    of 
board  of  education  for  high  school. 

Schools  at  childrens  homes,  orphans' 
asylums,  and  infirmary;  how  sus- 
tained; to  be  under  control  of 
trustees    of   institution. 

Youth  may  be  sent  to  charity  school 
at  Zanesville. 


4m'7. 


4009-1. 


4009-2. 
4U09-3. 


4009-4. 
4009-5. 


4009-6. 
4009-7. 

4009-8. 
4009-9. 
4009-10. 

4009-11. 


4009-14. 
4009-15. 


4009-16. 


4009-18. 


4009-19. 


4009-20. 
4000a. 


40096 


4010. 


4011. 


Section, 

t012. 
4012a. 

4013. 


4014. 

4015. 
4016. 
4017. 


4017a. 

4018. 

4019. 

4020. 

4020a. 

40206. 

4020c. 

4020d. 

4020-1. 

4020-2. 

4020-3. 

4020-4. 

4020-5. 

4020-6. 

4020-7. 

4020-8. 

4020-9. 

4020-10. 

4020-11. 

4020-12. 
4020-13. 

4020-14^ 
4020-15. 


4020-16. 
4020-17. 
4020-18. 


4020-19. 


4020-20. 


Evening   schools. 

Attendance     by     person     more     than' 

twenty-one   years   old. 
Who  may  be  admitted  to,  free;    non- 
resident pupils;  crediting  of  school 
tax  on   tuition;  assignment   of  pu- 
pils. 

Suspension  and  expulsion  of  pu- 
pils. 

Dismissal   of  school  on  holidays. 

School   year,    month,    and   week. 

Board  to  control  schools  and  appoint 
officers;  salaries;  terms;  election- 
of  teachers  in  sub-districts;  certi- 
ficate of  election  filed ;  reference 
to  standing  committee;  report  of 
committee;  confirmation;  failure 
to   confirm;    dismissals. 

Employment  of  teacher  in  music;, 
appliances    and    books    furnished. 

Unlawful  employment  by  township 
board;   certificate;   payment. 

Teachers  dismissed  for  insufficient 
cause  may  institute  suit. 

(Repealed.) 

(Repealed.) 

(Repealed.) 

(Repealed.) 

(Repealed.) 

(Superceded.) 

(Superceded.) 

(Superceded.) 

(Superceded.) 

(Superceded.) 

(Superceded.) 

(Superceded.) 

(Superceded.) 

(Superceded.) 

Filing  and  preservation  of  copies  and 
prices   of   school   books. 

Maximum  price;  notification  of  pub- 
lisher. 

Notice  to  boards;  legality  dependent. 

Procedure  upon  violation  of  agree- 
ment  by   publisher. 

Studies,  etc.;  shipment  of  books, 
etc.;  sale  to  pupils;  purchase  frflm 
pupils;  free  books. 

Purchase  of  Howe's  Historical  Col- 
lections of  Ohio  for  schools;  pay- 
ment. 

Care   and    preservation   of  books. 

Physical   culture   in   schools;   where. 

Cleveland;  providing  for  the  manual 
training  of  school  children  in  pub- 
lic or  private  schools. 

Manual  or  domestic  training  schools 
in    Cleveland. 

Certificates  of  indebtedness. 


124 


OHIO    SCHOOL    LAWS. 


Ch.  9. 


Schools  and  Attendance  Enforced. 


Section. 

4020-21.    Columbus;    levy   for   establishment   of 

manual    training   schools. 
4020-22.     Issue  of  bonds. 

4020-23.    Instruction  in  the  effects  of  alcoholic 
drinks   and    other    narcotics;    made 
a    regular    branch    of    study. 
4020-24.    Instructi,on    required   in   teachers'   in- 
stitutes     and      teachers'      training 
schools;    teacher's    certificate    must 
contain;    enforcement    of   law. 
4020-25.    Penalty    for    failure    to    enforce    law; 
jurisdiction    of   courts. 
When  German  language  to  be  taught, 

etc.  • 

Pufrils    may    be    sent    from    one    dis- 
trict to  another. 
Attendance     at     nearest     school;     ex- 
pense  per   capita. 
In    what    branches    children    must    be 
taught;    necessary    time    of    attend- 
ance;   excuse;    appeal    in    case    of 
refusal    to    excuse. 
Employment    of    children    under    age 

of  fourteen  years;  penalty. 
Half    day    attendance    of    minors    in 
certain  cases;  employment  of  such 
minors;    penalty;    private    instruc- 
tion   of   such   minors. 
Juvenile  disorderly  persons. 
Truant  officers;   powers;   duties. 
Reports   of  principals   and   teachers. 
Proceedings     in     cases     of     truancy; 
penalties. 


4021. 


4022. 


4022a. 


4022-1. 


4022-2. 


4022-3. 


4022-4. 
4022-5. 
4022-6. 
4022-7. 


Apportionment  of  contingent  funds  by  board 


Section. 

4022-8.      Proceedings    against    juvenile    disor- 
derly  persons. 

Relief  to  make  child  attend  school; 
required    time. 

As  to  institution  for  deaf  and  dumb 
or  institution   for  the  blind. 

Penalties;  jurisdiction;  violations  by 
corporations;  board  of  county  vis- 
itors. 

Repeated   violations. 

When   law   inoperative. 

Duty  of  state  commissioner  of  com- 
mon  schools. 

(Repealed.) 

(Repealed.) 

Boards  -to  ascertain  condition  of 
children   not   at   school. 

When  board  may  supply  pupils  with 
books. 

Penalties  against  violation  of  pre- 
ceding  provisions. 

(Repealed.) 

What  is  equivalent  to  attendance  on 
day    school. 

Examinations  for  entering  high 
school. 

Township  and  county  commence- 
ments. 

Tuition. 

Compensation  of  examiners  and  con- 
tingent expenses. 

3  of  education ;    see  Sec.  3967. 


4022-9. 


4022-10. 


4022-11. 


4022-12. 
4022-13. 
4022-14. 

4023. 

4024. 
4G25. 

4026. 

4C27. 

4C28. 
4029. 

4029-1. 

4029-2. 

4029-3. 
4029-4. 


SCHOOLS. 

Children  under  age  of  fifteen  years  incapable  of  receiving  common  school  education, 
shall  be  received  for  admission  in  the  custodial  department  of  the  institution  for  feeble  minded 
youth;    see  Sec.  675-5,    R.   S. 

Sec.  4007.  [Sufficient  schools  must  be  provided.]  Each  board  of 
education  shall  establish  a  sufficient  number  of  schools  to  provide  for 
the  free  education  of  the  youth  of  school  age  within  the  district  under 
its  control,  at  such  places  as  will  be  most  convenient  for  the  attendance 
of  the  largest  number  of  such  youth,  and  shall  continue  each  and  every 
day  school  so  established  not  less  than  twenty-four  nor  more  than  forty- 
four  weeks  in  each  school  year ;  and  each  township  board  of  education 
shall  establish  at  least  one  primary  school  in  each  subdistrict  under  its 
-control.     (75  V.  513,  §  50;    S.  &  S.  701.) 

Huron  county  public  school  —  To  provide  for  when  temporarily  closed.  91  v.  739;  Am. 
92  v.  619. 

Schools   at   children's   homes;     see   Sec.   390&,    R.    S. 

Change  of  boundaries  and  suspension  of  schools  in  sub-districts,  conveyance  of  pupils; 
see   Sec.  3921. 

All  the  schools  in  a  township  district  required  to  be  continued  the  same  length  of  time. 
Sec.  3967. 

Sub-district  schools  may  be  discontinued  when  the  enumeration  falls  below  fifteen;  Sec. 
4009-19. 


OHIO   SCHOOL   LAWS.  125 


Schools  aud  Attendance  Enforced.  Ch.  9. 

In  determining  the  question  as  to  how  many  schools  are  necessary  in  the  districts,  either 
of  townships,  villages,  or  cities,  three  things  should  be  considered:  1.  Convenience  of  access. 
2.  Economy  in  expenditure.  3.  A  proper  grading  and  classification  of  the  pupils,  in  cases 
where  grading  is  possible.    Com. 

There  is  no  reason  why  two  or  more  school  houses  or  two  or  more  school  rooms  may 
not  be  provided  in  a  sub-district.     Com. 

Sec.  4008.     (Repealed  1887,  Feb.  22:   84  v.  34.) 

This  section  provided  for  separate  schools  for  colored  children. 

There   is   no   power  to   establish   separate   schools   for   colored   children   and   exclude   them  . 
from    other    schools,    since    the    repeal    of    Revised    Statutes,    section    4008.    The    assignment    of 
youth  under  section  4013  can  not  be  exercised  with  reference  to  race  or  color.    45  O.  S.,  555. 

Sec.  4009.  [Boards  of  education  may  establish  schools  of  higher 
grade  than  primary.]  Any  board  of  education  may  establish  one  or 
more  schools  of  higher  grade  than  the  primary  schools,  whenever  it  deems 
the  establishment  of  such  school  or  schools  proper  or  necessary  for  the 
convenience  or  progress  of  the  pupils  attending  the  same,  or  for  the 
conduct  and  welfare  of  the  educational  interests  of  the  district,  and 
such  school  or  schools  when  so  established,  shall  not  be  discontinued 
under  three  years  from  the  time  of  the  establishment  thereof,  except  by  a 
vote  of  three-fourths  of  the  members  of  the  board  of  education  of  each 
township.     (1882,  March  13  :  79  v.  t;j\  Rev.  Stat.  1880;  75  v.  513,  §  50.) 

A  township  high  school  does  not  pass  to  a  village  incorporated  out  of  the  territory  in- 
cluding it  by  reason  of  a  general  saving  clause  in  tl*  act  of  1873.    41  O.  S.,  680. 

Change  of  territory  organizing  a  separate  school  district  does  not  entitle  the  new*  dis- 
trict to  seize  on  property  within  it  that  had  been  set  apart  by  the  township  board  for  a  higher 
school  than  a  primary,  although  this  would  be  within  the  letter  of  R.  S.,  Sec.  .3972,  which  relates 
to  the  subject.    46  O.  S.,  5a5. 

This  section  fully  authorizes  boards  of  education  to  establish  high  schools  without  sub- 
mitting the  question  to  a  vote  of  the  electors  of  the  district,  imless  it  should  be  found  nec- 
essary to  levy  a  tax  in  excess  of  the  maximum  allowed  by  law  and  issue  bonds;  in  which  case 
an  election  is  required;    see  Sec.  3991.    Com. 

(4009-1.)  [Township  boards  may  establish  high  schools.]  When- 
ever the  township  board  of  education  establishes  a  school  of  higher  grade 
than  the  primary  schools  in  townships,  they  shall  have  the  management 
and  control  of  such  higher  grade  of  schools  of  their  proper  townships 
which  are  or  may  be  established  therein  by  them  with  full  power  in 
respect  to  such  schools  to  employ  and  dismiss  teachers,  and  give  them 
certificates  of  such  employment,  and  for  services  rendered,  directed  to 
the  township  clerk,  in  the  same  manner  and  to  have  the  same  force  and 
effect  as  certificates  of  employment  of  teachers  by  directors  of  sub- 
school  districts.  And  shall  build,  repair,  add  to  and  furnish  the 
necessary  school  houses,  purchase  or  lease  sites  therefor,  or  rent  suit- 
able rooms,  and  make  all  other  necessary  provisions  relative  to 
such  schools  as  they  may  deem  proper.  Said  board  of  education 
shall  have  full  power  to  regulate  and  control  the  admission  of 
scholars  to  such  schools  of  higher  grade  according  to  age  and  at- 
tainments, and  may  admit  adults  over  twenty-one  years  of  age, 
and  scholars  from  other  townships  on  such  terms  and  under  such 


;126  OHIO    SCHOOL    LAWS, 


•Ch.  9.  Schools  and  Attendance  Enforced. 

rules  as  they  may  adopt,  and  shall  maintain  a  school  or  schools 
•  of  such  higher  grade  not  less  than  twenty-four  nor  more  than  forty- 
four  weeks  in  any  school  year.      (88  v.  484.) 

(4009-2.)  [Estimate  of  funds  needed.]  In  townships  where  a 
school  of  higher  grade  than  the  primaries  is  established,  or  may  be  estab- 
lished, by  the  board  of  education  of  such  township,  the  board  of  educa- 
tion shall,  annually,  determine  by  estimate,  as  near  as  practicable,  the 
entire  amount  of  money  necessary  to  be  expended  in  the  township  for 
school  and  school  house  purposes,  including  the  sustaining  of  teachers 
in  such  schools  of  higher  grade,  the  prolonging  of  the  terms  of  the  several 
subdistricts  or  primary  schools  after  the  state  funds  have  been  ex- 
hausted, the  erecting,  repairing  and  furnishing  of  school  houses,  and 
.any  other  school  purposes  not  exceeding  in  any  one  year  ten  mills  on 
the  dollar  of  the  taxable  property  of  the  township,  which  amount  shall 
be  certified  in  writing  to  the  county  auditor,  as  required  by  section 
.3960.     (88  V.  484.) 

Graded   schools   authorized   in   Geauga   county.    90   L.    L.,    184. 

t 

(4009-3)  Sec.  I.  [Public  day  schools  for  deaf  children  in  city  dis- 
tricts of  first  and  second  grade,  first  class.]  Boards  of  education  in 
city  districts  of  the  first  and  second  grade  of  the  first  class  shall  establish 
and  maintain  public  day  schools  for  deaf  children  and  those  defective  in 
speech  and  unable  to  attend  the  public  schools  provided  for  children 
that  can  hear.     (93  v.  186.) 

(4009-4)  Sec.  2.  [Annual  report  by  board  of  education.]  The 
boards  of  education  in  such  city  districts  shall  report  annually  on  or 
before  September  i  of  each  year  to  the  governor  of  the  state  such  facts 
as  may  be  required  concerning  such  school,  together  with  an  enumera- 
tion of  all  the  deaf  children  between  the  ages  of  three  and  twenty-one 
years,  which  enumeration  shall  be  sworn  to  by  the  clerk  of  such  board 
of  education.     (93  v.  186.) 

(4009-5)  Sec.  3.  [Annual  apportionment  and  payment  by  state 
treasurer  to  treasurer  of  board  of  education.]  The  state  treasurer  is 
hereby  authorized  and  directed  to  apportion  and  pay  out  of  "the  state 
common  school  fund"  annually  to  the  treasurer  of  the  board  of  educa- 
tion of  any  such  district,  in  which  a  school  or  schools  shall  be  estab- 
lished in  accordance  with  the  provisions  of  this  act,  the  sum  of  one 
hundred  and  fifty  dollars  for  each  deaf  child,  and  those  defective  in 
speech  and  unable  by  reason  of  said  defects  to  attend  the  public  schools 
provided  for  children  that  can  hear  within  such  districts,  as  is  shown 
by  the  enumeration  provided  for  in  the  preceding  section,  and  whatever 
fund  may  be  necessary  in  excess  of  the  amount  received  from  the  state 
treasurer  for  defraying  expenses  of  such  school  provided  by  such  boards 
'of  education,  shall  be  paid  out  of  the  general  fund  levied  and  collected 


OHIO    SCHOOL    LAWS.  127 


Schools  and  Attendance  Enforced.  Ch.  9. 

for  maintaining  the  public  schools  in  any  such  city  districts  of  the  first 
and  second  grade  of  the  first  class.     (93  v.  186.) 

(4009-6)  Sec.  4.  [Fund.]  The  money  received  from  the  state 
treasurer  as  provided  in  section  three  of  this  act,  shall  be  kept  separate 
and  distinct  from  all  other  funds  by  the  treasurer  of  such  board  of  edu- 
cation and  shall  be  known  as  "the  fund  for  the  support  of  schools  for 
the  deaf,"  and  shall  be  paid  out  for  no  other  purpose  than  for  the  estab- 
lishment and  maintenance  of  schools  for  the  deaf,  as  herein  provided. 
(93  V.  187.) 

(4009-7)  Sec.  5.  [Car  fare  for  deaf  children  paid  by  board.]  The 
board  of  education  of  such  district  is  hereby  authorized  and  directed  to 
set  aside  annually  from  "the  fund  for  the  support  of  schools  for  the 
deaf"  a  sum  of  money  sufficient  to  pay  car  fare  for  deaf  children  who  are 
unable  to  attend  such  school  on  account  of  being  unable  to  pay  their  way 
to  and  from  such  school,  and  the  same  shall  be  distributed  to  such  chil- 
dren in  such  manner  and  to  such  extent  as  the  board  of  education  of 
such  district  may  provide.     (93  v.  187.) 

(4009-8)  Sec.  6.  [Schools  controlled  by  what  laws.]  Except  as 
provided  in  this  act,  such  schools  shall  be  controlled  in  all  respects  in 
accordance  with  an  act  entitled  "An  act  to  provide  for  the  reorganization 
of  boards  of  education  in  the  city  districts  of  the  first  and  second  grade 
of  the  first  class,"  passed  March  8,  1892,  with  all  the  amendments  thereto. 
(93  V.  187.) 

(4009-9)  Sec.  I.  [Day  schools  for  deaf  children.]  Upon  applica- 
tion by  a  board  of  education  or  school  council  of  any  school  district  of 
this  state  to  the  state  commissioner  of  schools,  he  shall  grant  permis- 
sion to  such  board  of  education  or  school  council  and  such  board  of  edu- 
cation or  school  council  shall  thereupon  be  empowered  to  maintain  within 
its  limits  one  or  more  day  schools,  having  gin  average  attendance  of  not 
less  than  five  pupils,  for  the  instruction  of  deaf  persons  over  the  age  of 
three  and  under  fifteen  years,  residents  of  the  state  of  Ohio.     (93  v.  236.) 

(4009-10)  Sec.  2.  [Annual  and  other  reports  by  board  of  educa- 
tion.] Such  board  of  education  or  school  council,  which  shall  main- 
tain one  or  more  day  schools  for  the  instruction  of  the  deaf,  shall  report 
to  the  state  commissioner  of  schools  annually,  and  as  often  as  such 
state  commissioner  shall  direct,  such  facts  concerning  such  school  or 
schools  as  he  may  require.     (93  v.  236.) 

(4009-11)  Sec.  3.  [Annual  payment  to  treasurer  of  school  board 
by  county  treasurer.]  The  county  auditor  in  each  county  is  hereby 
authorized  and  directed  to  apportion  and  the  county  treasurer  to  pay  out 
of  the  state  common  school  fund  received  by  such  county,  to  the  treas- 
urer or  other  financial  officer  of  such  board  of  education  or  school  coun- 


128  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

cil,  maintaining  such  school  or  schools  for  the  instruction  of  the  deaf, 
the  sum  of  one  hundred  and  fifty  dollars  for  each  deaf  pupil,  resident 
of  such  county,  instructed  in  any  such  school  for  at  least  nine  months 
during  the  school  year  and  a  share  of  sucli  sum  proportionate  to  the 
term  of  instruction  of  any  such  pupil  as  shall  be  so  instructed  less  than 
nine  months  during  such  year.  If  no  such  school  shall  be  maintained 
in  any  county,  but  persons  residing  in  such  county  shall  attend  such 
school  in  another  county,  then  the  county  treasurer  of  the  county  not 
maintaining  such  school  shall  apportion  and  pay  to  the  financial  officer  of 
the  board  of  education  or  school  council  of  such  other  county  the  amount 
above  specified  for  each  pupil  attending  such  school  in  such  other  county. 
(93  V.  236.) 

(4009-12)  Sec.  4.  (Payments  to  be  made  by  county  treasurer.] 
The  sums  provided  in  the  next  preceding  section  shall  be  paid  by  such 
county  treasurer  as  soon  as  may  be  after  the  receipt  by  him  of  the  state 
common  school  fund  in  each  year,  upon  satisfactory  proof  being  made 
to  him  by  the  president  or  clerk  of  sucb  board  of  education  or  school 
council  maintaining  such  school,  of  the  number  of  pupils  instructed  in 
such  school  or  schools,  and  their  residences,  and  the  period  of  time  each 
such  pupil  shall  have  been  so  instructed  in  such  school  or  schools  for 
the  preceding  school  year.     (93  v.  237.) 

(4009-13)  Sec.  5.  [Teachers  appointed  by  school  commissioner; 
removals.]  All  teachers  in  such  schools  shall  be  appointed  by  the  state 
commissioner  of  schools  upon  application  of  the  board  of  education  or 
school  council  of  the  school  district  maintaining  such  school  or  schools ; 
the  state  commissioner  of  schools  to  have  the  power  to  remove  such 
teachers  for  cause. 

[Qualifications.]  No  person  shall  be  appointed  to  teach  in  any 
such  school  who  shall  not  have  first  obtained  a  teacher's  certificate  as 
provided  by  law,  and  who  shall  not  have  received  specific  instruction  in 
the  teaching  of  the  deaf  for  a  term  or  (of)  not  less  than  one  year. 
(93  V.  237.) 

(4009-14)  Sec.  6.  [Inspection.]  The  state  school  commissioner 
shall  select  some  competent  person  to  inspect  all  day  schools  organ- 
ized under  this  act,  or  by  other  authority  and  shall  cause  an  inspec- 
tion to  be  made  of  said  schools  at  least  twice  a  year,  and  said  person 
so  appointed  shall  make  a  written  report  to  the  state  commissioner  of 
common  schools  of  the  buildings  in  which  said  schools  are  being  held, 
the  method  of  instruction  and  all  other  matters  which  may  seem  to  be 
of  interest  and  profit  to  the  education  of  the  children  in  said  schools.  (93 
V.  237.) 

(4009-15)  Sec.  I.  [Township  or  joint  township  high  school  dis- 
tricts ;  petition  for  establishment ;  duty  of  board  of  education ;.  elec- 
tion for  submission  of  question;   form  of  ballot;   counting  of  ballots 


OHIO    SCHOOL    LAWS.  129 


Schools  and  Atleudance  Enforced.  Ch.  9. 


and  returns  of  election.]  Whenever  ten  qualified  electors  of  any 
township,  or  twenty  qualified  electors  of  any  two  adjoining  town- 
ships shall  file  a  petition  or  petitions  with  the  township  clerk,  or 
clerks  of  two  adjoining  townships,  praying  for  the  establishing  of 
a  township  high  school  district,  or  a  joint  township  high  school 
district,  it  shall  then  be  the  duty  of  the  township  board  of  educa- 
tion, or  boards  of  education,  to  call  a  meeting,  or  meetings,  within 
thirty  days  thereafter,  of  the  qualified  electors  of  said  township, 
or  townships  embraced  in  the  petition,  or  petitions,  at  their  usual 
place  or  places  of  voting,  giving  ten  days'  notice,  or  notices  of  the 
time  and  place,  or  places,  of  said  election,  or  elections,  to  be  posted 
in  at  least  five  conspicuous  places  in  the  township,  or  both  town- 
ships, requiring  said  electors  to  vote  for  or  against  the  proposed 
establishing  a  tov/nship  or  joint  township  high  scliool  district,  and  the 
building  of  a  township  or  joint  township  high  school  building,  and  shall 
also  at  the  same  election  submit  to  the  electors  of  the  township,  or  joint 
township  high  school  district  proposed,  the  question  of  levying  taxes 
for  buying  site,  or  sites,  and  building  a  township  or  joint  township  high 
school  house,  or  either  of  them,  and  the  further  questions  whether  the 
levy  shall  be  made  from  year  to  year  thereafter,  and  what  amount  shall 
be  levied  each  year  until  the  actual  cost  of  such  site,  or  sites,  the  erec- 
tion of  such  high  school  house,  or  houses,  is  raised,  and  their  opinions, 
the  said  electors,  shall  be  expressed  on  their  ballots  which  must  be  pro- 
vided by  the  board,  or  boards  of  education,  to-wit:  For  township  or 
joint  township  high  school  district:  "Yes."  For  levying  taxes  for  site, 
or  sites,  and  building  township,  or  joint  township  high  school  house: 
"Yes."  For  township  or  joint  township  high  school  district:  "No."" 
For  levying  tax  for  site,  or  sites,  and  building  township,  or  joint  town- 
ship high  school  house:  "No."  Which  ballots  shall  be  counted  and  re- 
turned by  the  judges  and  clerks  of  elections  as  in  such  cases  made  and 
provided.     (93  v.  281.) 

(4009-16)  Sec.  2.  [Levy  certified  to  auditor  who  shall  place  same 
on  duplicate  for  collection.]  Should  there  be  a  majority  of  the  votes 
cast  in  favor  of  the  establishing  of  a  township  or  joint  township  high 
school  district,  and  in  favor  of  levying  taxes  for  buying  site,  or  sites, 
and  building  township,  or  joint  township  high  school  building,  or  build- 
ings, or  either  of  them,  of  continuing  the  levy  from  year  to  year  there- 
after, and  for  the  amount  to  be  levied  each  year,  the  board  shall  cer- 
tify the  levy  annually  to  the  county  auditor,  who  shall  place  the  same 
upon  the  tax  duplicate  in  the  same  manner  that  other  taxes  certified  by 
such  board  are  required  to  be  placed  thereon ; 

[Townships  divided  by  county  line;  how  levy  certified  and  col- 
lected.]    And  when  the  townships  are  divided  by  a  county  line,  the 

9    S.  L. 


132  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

tors  of  such  infirmary,  establish  in  such  home,  asylum  or  infirmary  a. 
separate  school,  so  as  to  afford  to  the  children  therein,  as  far  as. 
practicable,  the  advantages  and  privileges  of  a  common  school  edu- 
cation ;  such  schools  at  infirmaries  shall  be  continued  in  operation 
each  year  until  the  full  share  of  all  the  school  funds  of  the  district  be- 
longing to  such  children,  on  the  basis  of  the  enumeration,  is  expended ,^ 
and  at  such  homes  and  asylums  not  less  than  forty-four  weeks,  if 
the  distributive  share  of  school  funds  to  which  such  school  at  any 
such  home  or  asylum  is  entitled  by  the  enumeration  of  children  in 
the  institution  is  not  sufficient  to  continue  the  schools  the  length  of 
time  hereby  required,  the  deficiency  shall  be  paid  out  of  the  funds  of 
the  institution ;  all  schools  so  established  in  any  such  home,  asylum 
or  infirmary,  shall  be  under  the  control  and  management  of  the  re- 
spective boards  of  trustees  or  directors  of  such  institutions,  which 
boards  of  trustees  or  directors  shall,  in  the  control  and  management 
of  such  schools,  as  far  as  practicable,  be  subject  to  the  same  laws 
that  boards  of  ediication  and  other  school  officers  are  who  have 
charge  of  the  common  schools  of  such  district;  in  the  establishment 
of  such  schools  the  commissioners  of  the  county  in  which  such 
cliildren's  home,  orphans'  asylum  or  county  infirmary  is  established, 
shall  provide  the  necessary  school-room  or  rooms,  furniture,  fuel, 
apparatus  and  books,  the  cost  of  which  furniture,  fuel,  apparatus 
and  books  for  the  schools  of  such  homes,  infirmaries  and  asylums, 
shall  be  paid  out  of  the  funds  provided  for  such  institutions ;  and 
the  board  of  education  shall  incur  no  expense  in  supporting  such 
schools.  (1883,  April  19;  80  v.  217;  Rev.  Stat.  1880;  75  v..  513,  §  50; 
76  V.  75,  §  I.) 

See   Sec.  929;    also   sections  21S1,   21S2,    21S3,   21S4,   2185,    R.    S. 
For  acts  relating  to  children's  homes,   see  Sec.  929,    R.   S. 

Sec.  401 1.  [Youth  may  be  sent  to  charity  school  at  Zanesville.] 
The  board  of  education  of  the  city  of  Zanesville  may  contract  with  the 
trustees  having  the  management  of  any  fund  which  has  been  provided 
by  gift,  devise,  or  bequest  for  the  establishment  or  support  of  a  school  or 
schools  for  poor  children  therein,  for  the  admission  to  any  such  school 
of  children  resident  in  the  city,  and  pay  to  such  trustees  out  of  the  school 
funds  under  its  control,  such  tuition  fee  as  may  be  agreed  upon  for  each 
scholar  so  admitted,  but  not  entitled  to  admission  according  to  the  terms 
of  such  gift,  devise  or  bequest,  and  also  provide  for  such  right  of  visita- 
tion or  control  of  such  school  or  schools  by  the  board  as  may  be  agreed 
upon ;  such  school  or  schools  shall  be  kept  at  the  least  equal  in  grade 
and  efficiency  to  the  corresponding  public  schools  of  the  state,  and  every 
such  contract  shall  expire  in  three  years  from  the  time  of  its  execution,, 
unless  renewed  or  extended  by  agreement ;  but  this  section  shall  in  no. 


OHIO   SCHOOL   LAWS. 


133 


Schools  and  Attendance  Enforced.  Gh.  9. 

manner  apply  to  any  school  or  schools  supported  or  controlled  by  any 
church,  congregation,  sect  or  religious  denomination  or  association  of 
any  kind.     (75  v.  530,  §1.) 

Sec.  4012.  [Evening  schools.]  In  any  township,  special,  village, 
or  city  district,  or  part  thereof,  parents  or  guardians  of  youth  of  school 
age  may  petition  the  board  of  education  to  organize  an  evening  school. 
The  petition  shall  contain  the  names  of  not  less  than  twenty-five  youth 
of  school  age  who  will  attend  such  school,  and  who  for  reasons  satis- 
factory to  the  board  are  prevented  from  attending  day  school.  Upon 
receiving  such  petition  the  board  of  education  shall  provide  and 'fur- 
nish a  suitable  room  for  the  evening  school  and  employ  a  competent  per- 
son who  holds  a  regularly  issued  teacher's  certificate,  to  teach  it.  Such 
board  may  discontinue  any  such  evening  school,  when  the  average  evening 
attendance  for  any  month  falls  below  twelve.  (90  v.  116;  72  v.  29,  §  51  ; 
S.  &  C.  1359) 

Sec.  4012a.  [Attendance  by  persons  more  than  twenty-one  years 
old.]  Any  person  more  than  twenty-one  years  old  may  be  permitted 
to  attend  evening  school  upon  such  terms  and  upon  payment  of  such 
tuition  as  the  board  of  education  may  prescribe.    \go  v.  117.) 

Sec.  4013.  [Who  may  be  admitted  to  schools  free;  non-resident 
pupils ;  crediting  of  school  tax  on  tuition ;  assignment  of  pupils.]  The 
schools  of  each  district  shall  be  free  to  all  youth  between  six  (6)  and 
twenty-one  (21)  years  of  age,  who  are  children,  wards  or  apprentices  of 
actual  residents  of  the  district,  including  children  of  proper  age,  who 
are  or  may  be  inmates  of  a  county  or  district  children's  home  located 
in  any  such  school  district,  at  the  discretion  of  the  board  of  education 
of  the  township  in  which  said  school  district  is  located ;  provided,  that 
all  youth  of  school  age.  living  apart  from  their  parents  or  guardians  and 
who  work  to  support  themselves  by  their  own  labor,  shall  be  entitled  to 
attend  school  free  in  the  district  in  which  they  are  employed.  Each  board 
of  education  may  admit  other  persons  upon  such  terms  or  upon  payment 
of  such  tuition  as  it  may  prescribe ;  provided,  that  in  all  counties  which 
do  not  contain  a  city  of  the  first  grade  of  the  first  class,  in  such  case 
there  shall  be  credited  on  the  tuition  so  charged  the  amount  of  school  tax 
in  such  district  for  the  current  school  year,  which  may  be  paid  by  such 
non-resident  pupil  or  a  parent  thereof ;  and  the  several  boards  shall  make 
such  assignment  of  the  youth  of  their  respective  districts  to  the  schools 
established  by  them,  as  will  in  their  opinion  best  promote  the  interests 
•of  education  in  their  districts.  (87  v.  317 ;  84  v.  69 ;  77  v.  196 ;  Rev.  Stat. 
1880;  70  V.  195,  §  71.) 

Attending  schoolin  other  districts  if  nearer;    see  sections  4022,  4022a. 

The  children  inmates  of  the  German  Protestant  Asylum  of  Cincinnati,  are  not  "chtl- 
•dren,  wards,  or  apprentices  of  actual  residents"  in  the  school  district  within  which  said  asylum 
is  located,  and  therefore,  under  the  act  of  Feb.  21,  1849,  are  not  entitled  to  gratuitous  ad- 
mission to  the  privileges  of  the  public  schools  of  said  district.    10  O.  S.,  448. 


134  OHIO    SCHOOL   LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 


No  regulation  can  be  made  under  this  section  that  does  not  apply  to  all  children,  ir- 
respective of  lace  or  color.  Separate  schools  for  colored  children  were  abolished  by  the  re- 
peal of  Sec.   4008.    45  O.   S.,   555. 

Under  this  section  persons  under  twenty-one  years  of  age,  though  married,  are  entitled 
to  all  the  privileges  of  the  schools  of  the  district  in  which  they  reside,  notwithstanding  they 
have  not  been  enumerated  in  the  school  census,  and  in  consequence  can  draw  no  part  of  the 
state  school  fund.    Com. 

A  person  is  only  entitled  to  vote  in  the  sub-district  in  which  he  actually  resides;  the 
fact  that  his  children  have  been  transferred  to  another  sub-district  does  not  change  his  vot- 
ing  place.     Com. 

That  portion  of  the  above  section  relating  to  children  living  apart  from  their  parents, 
or  guardians,  who  support  themselves  by  their  own  labor,  does  not  apply  where  a  child  moves- 
into  a  district  in  which  his  parents  do  not  live,  with  the  express  purpose  of  attending  school,. 
and  incidentally  works  for  his  board  and  lodging,    in  such  cases  tuition  can  be  charged.    Com. 

Sec.  4014.  [Suspension  and  expulsion  of  pupils.]  No  pupil  shall 
be  suspended  from  school  by  a  superintendent  or  teacher  except  for 
such  time  as  may  be  necessary  to  convene  the  board  of  education,  and  no 
pupil  shall  be  expelled  except  by  a  vote  of  two-thirds  of  such  boards 
and  not  until  the  parent  or  guardian  of  the  offending  pupil  has  been  noti- 
fied of  the  proposed  expulsion,  and  permitted  to  be  heard  against  the 
same ;  and  no  pupil  shall  be  suspended  or  expelled  from  any  school  be- 
yond the  current  term  thereof.     (89  v.  96 ;  70  v.  195,  §  71.) 

The  father  of  a  child  entitled  to  the  benefits  of  the  public  school  of  the  sub-district  of 
his  residence  may  maintain  an  action  against  the  teacher  of  the  school,  and  the  local  directors 
of  the  sub-district,  for  damages  for  wrongfully  expelling  the  child  from  school.    21  O.  S.,  666. 

Since  the  above  decision  was  rendered  the  power  to  expel  has  been  taken  from  the 
local  directors  and  conferred  upon  the  board  of  education.     Com. 

In  many  cases  of  incorrigilbility  proceedings  can  be  instituted  against  the  offender  as 
provided  by  section  4022-8,  as  a  juvenile  disorderly  person  (section  4022-4),  instead  of  expul- 
sion by  the  board,  as  it  is  in  the  interest  of  the  commonwealth  to  keep  the  child  in  school, 
if  possible.    Com. 

Sec.  4015.  [Dismissal  of  schools  on  holidays.]  Teachers  em- 
ployed in  the  common  schools  may  dismiss  their  schools,  without 
forfeiture  of  pay,  on  the  first  day  of  January,  the  twenty-second  day 
of  February,  the  thirtieth  day  of  May,  the  fourth  day  of  July,  the 
twenty-fifth  day  of  December,  and  on  any  day  set  apart  by  procla- 
mation of  the  president  of  the  United  States,  or  the  governor  of  this 
state,  as  a  day  of  fast  or  thanksgiving,"  (1886,  April  9:  83  v.  73 ; 
Rev.  Stat.  1880;   70  v.  195,  §  116.) 

For   other   holidays,    see   Sec.    4046-1,    4046-2. 

Boards  of  education  cannot  compel  teachers  to  make  tip  for  time  lost  on  the  above- 
mentioned  days.    Com. 

Hiring  teachers  by  the  day  does  not  affect  their  rights  under  this  section.    Com. 

Sec.  4016.  [School  year,  month,  and  week.]  The  school  year 
shall  begin  on  the  first  day  of  September  of  each  year,  and  close  on 
the  thirty-first  day  of  August  of  the  succeeding  year;  and  a  school 
week  shall  consist  of  five  days,  and  a  school  month  of  four  school 
weeks.     (70  v.  215,  §  70;   72  v.  181,  §  6.) 

Boards  of  education  cannot  compel  pupils  to  attend  school,  or  teachers  to  teach  the 
same,  more  than  five  days  in  any  one  week,  and  teachers  cannot  make  up  for  lost  time  by 
teaching  six  days  in  a  week  without  express  authority  from  the  board  of  education.    Com. 


OHIO   SCHOOL   LAWS. 


135 


Schools  and  Atteudauce  Enforced.  Ch.  9. 

Sec.  4017.  [Control  of  schools  vested  in  boards ;  appointees ;  sal- 
aries.] Each  board  of  education  shall  have  the  management  and  con- 
trol of  public  schools  of  the  district  with  full  power  to  appoint  a 
superintendent  and  assistant  superintendents  of  the  schools,  a  super- 
intendent of  buildings,  janitors  and  other  employes,  and  fix  their 
salaries,  and  shall  fix  the  salaries  of  the  teachers,  which  salaries  may 
be  increased,  but  shall  not  be  diminished  during  the  term  for  which 
the  appointment  is  made; 

[Terms.]  But  no  person  shall  be  appointed  for  a  longer  time 
than  that  for  which  a  member  of  the  board  is  elected. 

[Election  of  teachers  in  subdistricts.]  And,  in  township  districts 
divided  into  subdistricts,  the  board  of  subdirectors  shall  elect  the  teach- 
ers in  their  respective  subdistricts,  but  such  election  shall  be  subject 
to  confirmation  by  a  majority  of  the  board  of  education. 

[Certificate  of  election  filed;  reference  to  standing  committee.] 
Whenever  any  board  of  subdirectors  elects  a  teacher,  the  director  thereof 
shall  at  once  file  a  certificate  of  such  election,  signed  by  at  Itast  two 
members  of  such  board,  with  the  township  clerk,  who  shall  refer  such 
certificate  of  election  to  the  standing  committee  on  teachers, 

[Report  of  committee;  confirmation.]  And  such  committee  shall 
make  a  report  of  the  same  to  the  board  of  education,  and  the  board  of  edu- 
cation shall  confirm  or  refuse  to  confirm  such  election  at  its  next  regular 
meeting  after  the  filing  of  such  certificate  of  election,  with  the  township 
clerk. 

[Failure  to  confirm.]  If  the  board  of  education  fails  to  confirm 
the  teacher  elected  by  any  board  of  subdirectors,  such  board  of  sub- 
directors  shall  elect  another  teacher  before  the  next  regular  meeting 
of  the  board  of  education; 

[Failure  to  elect  or  confirm.]  If  the  board  of  subdirectors  fail  to 
elect  a  teacher  for  their  school,  or  if  the  board  of  education  shall  fail 
to  confirm  such  election  on  or  before  the  third  Monday  in  August  of  any 
year,  the  board  of  education  shall  then  employ  a  teacher  for  such  sub- 
district. 

[Dismissals.]  The  board  of  education  may  dismiss  any  appointee 
or  any  teacher  for  inefficiency,  neglect  of  duty,  immorality  or  im- 
proper conduct.  (93  v.  48;  91  V.  422,  113;  89  v.  96,  202;  87  v.  372; 
70  V.  195,  §  53.) 

The  restriction  that  no  contract  is  valid  unless  money,  is  in  treasury  and  set  apart,  does 
not  apply  to  contracts  authorized  by  the  provisions  of  law  to  be  made  for  employing  teachers 
and  other  school  employes;    see  Sec  2834b,   under  3971. 

Vote  necessary  to  elect  superintendent  and  teachers;    Sec.  3982. 

Sec.  6975«t.  It  shall  be  unlawful  for  any  person  to  oflFer  or 
give,  directly  or  indirectly,  any  reward  or  consideration,  or  make 
any  present  or  reduction  in  price  to  any  person  employed  in  any 


136  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

•of  the  public  schools  of  this  state,  or  to  any  officer  having  any 
authority  or  control  over  the  same  for  favoring,  recommending 
or  advocating  the  introduction,  adoption  or  use,  in  the  school 
in  which  such  person  is  employed,  or  over  which  such  officer 
has  any  authority  or  control,  of  any  text-book,  map,  chart,  globe, 
or  other  school  supplies,  or  to  induce  him  so  to  do;  and  it  shall 
be  unlawful  for  any  such  employee  or  officer,  to  accept  or  to 
oflfer  or  agree  to  receive  or  accept  any  reward,  consideration, 
present,  gift,  or  reduction  in  price  for  so  doing;  and  it  shall 
also  be  unlawful  for  any  local  director  or  member  of  a  board  of 
•education  to  vote  for,  or  participate  in  the  making  of  any  con- 
tract with  any  person  as  a  teacher  or  instructor  in  any  of  the 
public  schools  of  this  state  to  whom  he  is  related  as  father  or 
brother,  or  to  act  in  any  matter  in  which  he  is  pecuniarily  inter- 
ested, or  to  receive,  or  oflfer  to  accept  or  receive  any  reward  or 
igain  for  any  official  act.  Any  person  violating  any  of  the  fore- 
going provisions  shall,  upon  conviction,  be  fined  not  less  than 
twenty-five  dollars,  and  not  more  than  five  hundred  dollars,  or  be 
imprisoned  not  more  than  six  months,  or  both. 
Note  —  A  member  of  a  board  of  education  or  of  a  board  of  sub-directors  cannot  legally 
vote  for  any  person  related,  either  by  blood  or  marriage,  in  the  degrees  mentioned  in  Sec. 
6975a.     Com. 

Where  instruction  in  rhetoric  is  given  in  any  grade  or  department  of  the  school,  and 
one  of  the  rules  adopted  by  the  board  for  the  government  of  the  pupils  therein  provides  that 
if  any  pupil  should  fail  to  be  prepared  with  a  rhetorical  exercise  at  the  time  appointed  there- 
for, he  or  she  should,  unless  excused  on  account  of  sickneso  or  other  reasonable  cause,  be 
immediately  suspended  from  such  department,  it  was  held  that  such  a  rule  was  reasonable. 
29  O.  S.,  89. 

Boards  of  education  are  given  power  to  appoint  teachers,  and  in  the  absence  of  gross 
abuse  of  discretion  in  the  exercise  of  this  power  an  injunction  will  not  lie.    13  C.  C. ,  207. 

This  section,  as  enacted  March  31,  1892,  repealed  by  implication  the  same  section  as 
enacted   March   15,   1892.    1   N.    P.,    286. 

The  passage  of  a  resolution  to  employ  a  certain  teacher,  notice  sent  to  him,  and  the 
party  accepting  and  entering  upon  his  duties,  constitutes  a  valid  contract  between  the  school 
board  and  the  teacher.    12  C.  C,  249. 

The  salary  due  a  teacher  may  be  garnisheed,  396,  140.    Edit. 

Instructor  or  teacher  having  sexual  intercourse  with  female  pupil;  see  Sec.  7024,  R.  S. 
Illegal  provisions  in  a  contract  to  employ  a  teacher,  which  are  separate  from  the  legal 
part  and  are  not  performed,  do  not  invalidate  his  right  to  recover  his  salary,  as  where  We 
was  employed  at  a  certain  salary,  with  a  provision  that  if  he  could  not  do  the  work  alone  he 
should  have  power  to  employ  assistance  at  his  own  expense,  but  he  performed  the  service 
without  an  assistant.    29  O.  S.,  161. 

Under  R.  S.,  Sec.  4017,  as  amended  March  11,  1898,  final  power  is  conferred  upon  town- 
:ship  boards  of  education  in  the  matter  of  electing  teachers  in  township  sub-districts.  5  N.  P.,  446. 
Township  boards  of  education  can,  when  the  best  interests  of  the  schools  require  it, 
reject  teachers  recommended  by  the  boards  of  sub-directors  and  cannot  be  required  to  give 
reasons  for  such  action;  but  the  township  board  cannot  elect  a  teacher  not  recommended  by 
the  board  of  sub-directors  until  on  or  after  the  third  Monday  in  August.     Com. 

Sec.  4017a.  [Employment  of  teacher  in  music;  appliances  and 
books  furnished.]  Each  board  of  education  may  employ  a  teacher  or 
teachers  whose  duty  it  shall  be  to  give  instruction  and  training  in  vocal 
music  to  the  youth  of  all  the  schools  of  the  district,  and  said  board  is 
empowered  to  purchase  and  supply  all  appliances  and  books  necessary 
to  the  proper  pursuit  of  said  branch  of  study.     (94  v.  377.) 

Sec.  4018.  [Unlawful  employment  by  township  board;  certifi- 
cates of  services;  payment.]  It  shall  be  unlawful  for  the  township 
board  of  education,  prior  to  the  annual  election  on  the  second  Monday 
of  April,  and  the  qualification  of  the  director  or  directors  elected 
thereat,  to  employ  or  contract  to  employ  any  [teacher]  superintend- 


OHIO   SCHOOL   LAWS.  137 


Schools  aud  Attenclance  Knforced.  Ch.  9. 

ent  for  a  term  to  commence  after  the  expiration  of  the  current  school 
year;  and  said  board  at  the  end  of  any  month,  or  at  the  end  of  the 
term,  shall  give  to  the  teacher  or  superintendent  employed  by  them 
certificates  of  such  employment  and  of  the  services  rendered,  ad- 
dressed to  the  township  clerk,  who,  upon  presentation  thereof,  and 
compliance  by  such  teacher  or  superintendent  with  the  provisions  of 
section  4051,  sh.all  draw  orders  on  the  township  treasurer  for  the 
amounts  certified  to  be  due,  in  favor  of  the  parties  entitled  thereto, 
and  the  treasurer  shall  pay  the  same.  {93  v.  48;  89  v.  96;  87  v.  46; 
70  V.  195,  §  53.) 

See  sectictns  4051,  4074. 

Committee  on  teachers  and  text  books  of  township  board  of  education  to  consider  cer- 
tificates of  elections  of  teachers;    see  Sec.  3920. 

See  22  O.  S.,  104,  under  Sec.  4051. 

In  an  action  against  a  township  treasurer,  asking  a  writ  of  mandamus  to  require  him  to 
pay  an  order  issued  to  a  teacher  for  services  rendered  in  a  sub-district,  an  answer  alleging 
that  before  presentation  of  the  order  the  funds  cpporticncd  to  that  sub-district  for  school  pur- 
poses for  the  year  during  which  the  services  were  rendered  had  been  exhausted,  is  a  sufii- 
cient   defense.    2  C.   C,   475. 

Cited,  9  C.  C,  13,  20;    2  O.   D.,  152. 

Sec.  4019.  [Teachers  dismissed  for  insufficient  cause  may  insti- 
tute suit.]  If  the  board  of  education  of  any  district  dismiss  any 
teacher  for  any  frivolous  or  insufficient  reason,  such  teacher  may 
bring"  suit  against  such  district,  and  if,  on  the  trial  of  the  cause,  a 
judgment  be  obtained  against  the  district,  the  board  thefeof  shall 
direct  the  clerk  to  issue  an  order  upon  the  township  treasurer  for 
the  sum  so  found  due  to  the  person  entitled  thereto,  to  pay  the  same 
out  of  any  money  in  his  hands  belonging  to  such  district,  and  ap- 
plicable to  the  payment  of  teachers ;  and  in  such  suits  process  may 
be  served  on  the  clerk  of  the  district,  and  service  upon  him  shaH  be 
sufficient.     (89  v.  97 ;  76  v.  58,  §  i.) 

Sec  2  C.   C,   475,   under  Sec.  4C18. 

Sec.  4020.  (Repealed,  88  v.  568,  §  10.) 
Sec.  4020a.  (Repealed.  88  v.  568,  §  le;  enacted,  87  v.  378.) 
Sec.  40206.  (Repealed,  88  v.  568,  §  10;  enacted,  87  v.  378.) 
Sec.  4020f.  (Repealed,  88  v.  576,  §  10;  enacted,  87  v.  378.) 
Sec.  4020^.  (Repealed,  88  v.  576,  §  10;  enacted,  87  v.  378.) 
(4C2C-1)  Sec.  I.     (Superceded  by  sec.  4020-10 — 4020-14,  but  not 

repealed.    Enacted,  88  v.  568.) 

(4020-2)  Sec.  2.     (Superceded  by  sec.  4020-10 — 4020-14,  but  not 

repealed.) 

(/020-3)  Sec.  3.     (Superceded  by  sec.  4020-10 — 4020-14,  but  not 

repealed.) 

(4020-4)  Sec.  4.     (Superceded  by  sec.  4020-10 — 4020-14,  but  not 

repealed.) 

(4020-5)  Sec.  5.     (Superceded  by  sec.  4020-10 — 4620-14,  but  not 

repealed.) 


138 


OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

(4020-6)  Sec.  6.     (Superceded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 

(4020-7)  Sec.  7.     (Superceded  by  sec.  4020-10 — 4020-14,  but  not- 
repealed.) 

(4020-8)  Sec.  8.     (Superceded  by  sec.  4020-10 — 4020-14,  but  not 
repealed.) 

(4020-9)  Sec.  9.     (Superceded  by  sec.  4020-10 — 4020-14,  but  not 
repealed     Enacted,  88  v.  568.) 

TEXT-BOOK  LAW. 

Committee   on    teachers    and   text-books   of   township   boards   of   education   to   recommend 
changes   in   text-books,    etc.,    see   Sec.   3920. 

Where   the  committee   on   text-books   of  a   school   board   recommended   the   adoption   of   a 
certain   series   of  books,    and   the   school   board   amended   the   report   and   then   adopted   it,    this 
"determines"  the  books  to  be  used  under  R.   S.,   Sec.  4020,   and  exhausts  the  power  to  change 
them,    and   a  majority  vote  ten   days   afterwards   to  reconsider   is   a   nullity.    35   O.    S.,    368. 

The  adoption  of  the  books  being  in  connection  with  a  proposition  of  the   publisher,    its 
terms  as  to   prices   are   conditions   of  the  adoption.    Id. 

A  rule  of  the  board,  that  resolutions  for  changing  text-books  shall  be  referred  to  a 
committee  and  delayed  four  weeks,  is  a  reasonable  one  under  R.  S.,  Sec.  S985,  and  binding.- 
Nor  can  a  bare  majority  abrogate  it,  for  Sec.  3982  must  be  construed  with  Sec.  3985.  Hence,. 
an  adoption  of  a  text-book  by  a  majority,  without  reference  to  the  committee  and  four  weeks' 
delay,  will  not  be  enforced  by  mandamus  on  the  application  of  a  parent  who  has  purchased 
the  new   books.    2   C.    C,    510. 

(4020-10)  Sec.  I.  [Filing  and  preservation  of  copies  and  prices  of 
school  books.]  Any  publisher  or  publishers  of  school  books  in  the 
United  States  desiring  to  offer  school  books  for  use  by  pupils  in  the 
common  schools  of  Ohio  as  hereinafter  provided,  shall,  before  such 
books  may  be  lawfully  adopted  and  purchased  by  any  school  board  in  this 
state,  file  in  the  office  of  the  state  commissioner  of  common  schools,  a 
copy  of  each  book  proposed  to  be  so  offered,  together  with  the  published 
list  wholesale  price  thereof,  and  no  revised  edition  of  any  such  book 
shall  be  used  in  the  common  schools  until  a  copy  of  such  revised 
edition  shall  have  been  filed  in  the  office  of  the  said  commissioner  together 
with  the  published  list  wholesale  price  thereof.  The  said  commissioner 
shall  carefully  preserve  in  hts  office  all  such  copies  of  books  and  the  prices  . 
thereof  so  filed.     (92  v.  282.) 

(4020-11)  Sec.  2.  [Maximum  price;  notification  of  publisher.] 
Whenever  and  so  often  as  any  book  and  the  price  thereof  shall  be  so  filed 
in  the  commissioner's  office  as  provided  in  section  i,  a  commission  con- 
sisting of  the  governor,  the  secretary  of  state  and  the  state  commissioner 
of  common  schools  [he]  shall  immediately  fix  the  maximum  price  at 
which  such  books  may  be  sold  to  or  purchased  by  boards  of  education  as 
hereinafter  provided,  which  maximum  price  so  fixed  on  any  book  shall 
-not  exceed  seventy-five  per  cent,  of  the  published  list  wholesale  price 
thereof,  and  the  state  commissioner  of  common  schools  shall  immediately 
notify  the  publisher  of  such  books  so  filed,  of  the  maximum  price  so> 
fixed.     If  the  publisher  so  notified,  shall  notify  the  commissioner  in . 


OHIO    SCHOOL    LAWS.  139 


Schools  and  Attendance  Enforced.  Ch.  9. 

writing  that  he  accepts  the  price  so  fixed,  and  shall  agree  in  writing  to 
furnish  such  book  during  a  period  of  five  years  at  the  price  so  fixed,  such 
written  acceptance  and  agreertient  shall  entitle  said  publisher  to  offer 
said  book  so  filed  for  sale  to  said  board  of  education  for  use  by  the  pupil 
under  the  terms  of  this  act.    (92  v.  282.) 

State  commissioner  of  common  schools,  not  authorized  to  permit  publishers  to  with- 
draw books  after  they  have  been  listed,   before  expiration  of  contract.    Com. 

(4020-12)  Sec.  3.  [Notice^  to  boards ;  legality  dependent  on  com- 
pliance.] The  said  commissioner  shall  during  the  first  half  of  the 
month  of  June,  1896,  and  during  the  first  half  of  the  month  of  June 
in  each  year  thereafter,  furnish  to  each  board  of  education  the  names 
and  addresses  of  all  publishers  who  shall  have  during  the  year  end- 
ing on  the  first  day  of  said  month  of  June  in  each  year,  agreed  in 
writing  to  furnish  their  publications  upon  the  terms  provided  in  this 
act.  And  it  shall  not  be  lawful  for  any  board  of  education  to  adopt 
or  cause  to  be  used  in  the  common  schools  any  book  whose  publisher 
shall  not  have  complied,  as  to  said  book,  with  the  provisions  of  this 
act.     (92  v.  282.) 

(4020-13)  Sec.  4.  [Procedure  upon  violation  of  agreement  by  pub- 
lisher.] If  any  publisher  who  shall  have  agreed  in  writing  to  furnish 
books  as  provided  in  this  act,  shall  fail  or  refuse  to  furnish  such  books 
adopted  as  herein  provided  to  any  board  of  education  or  its  authorized 
agent  upon  the  terms  as  herein  provided,  it  shall  be  the  duty  of  said 
board  at  once  to  notify  the  said  commission  of  such  failure  or  refusal, 
and  the  commission  shall  at  once  cause  an  investigation  of  such  charge 
to  be  made,  and  if  the  same  is  found  to  be  true  the  commission  shall  at 
once  notify  said  publisher  and  each  board  of  education  in  the  state  that 
said  book  shall  not  hereafter  be  adopted  and  purchased  by  boards  of 
education ;  and  said  publisher  shall  forfeit  and  pay  to  the  state  of  Ohio 
five  hundred  dollars  for  each  failure,  to  be  recovered  in  the  name  of  the 
state,  in  an  action  to  be  brought  by  the  attorney  general,  in  the  court  of 
common  pleas  of  Franklin  county,  or  in  any  other  proper  court  or  in  any 
other  place  where  service  can  be  made,  and  the  amount,  when  collected, 
shall  be  paid  into  the  state  treasury  to  the  credit  of  the  common  school 
fund  of  the  state.    (92  v.  282.) 

(4020-14)  Sec.  5.  [Studies,  etc. ;  shipment  of  books,  etc. ;  sale  to 
pupils;  purchase  from  pupils;  free  books.]  Each  board  of  education 
on  receiving  the  statements,  above  mentioned,  from  said  commissioner, 
shall  on  the  third  Monday  in  August  thereafter  meet,  and  at  such  meet- 
ing, or  at  any  adjourned  meeting  within  two  weeks  after  said  Monday, 
determine  by  a  majority  vote  of  all  members  elected  the  studies  to  be  pur- 
sued and  which  of  said  text-books  so  filed  shall  be  used  in  the  schools 
under  its  control,  but  no  text-books  so  adopted  shall  be  changed,  nor 


140  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

any  part  thereof  altered  or  revised,  nor  shall  any  other  text-book  be 
substituted  therefor  for  five  years  after  the  date  of  the  selection  and 
adoption  thereof  without  the  consent  of  three-fourths  of  all  the  members 
elected,  given  at  a  regular  meeting ;  and  each  board  of  education  shall 
cause  it  to  be  ascertained,  and  at  regular  meetings  in  April  and  August 
shall  determine  which,  and  the  number  of  each  of  said  books  the  schools 
under  its  charge  shall  require,  until  the  next  regular  meetings  in  April 
and  August,  and  shall  cause  an  order  to  be  drawn  for  the  amount  in  favor 
•of  the  clerk  of  the  board  of  education,  payable  out  of  the  contingent  fund  ; 
and  said  clerk  shall  at  once  order  said  books  so  agreed  upon  by  the 
board,  of  the  publisher,  and  the  publisher,  on  the  receipt  of  such  order, 
shall  ship  such  books  to  said  clerk  without  delay,  and  the  clerk  shall 
forthwith  examine  such  books,  and,  if  found  risfht  and  in  accordance  with 
said  order,  remit  the  amount  to  said  publisher,  and  the  board  of  education 
shall  pay  all  charges  for  the  transportation  of  such  books,  out  of  the  school 
contingent  fund ;  but  if  said  boards  of  education  can,  at  any  time,  secure 
of  the  publishers  books  at  a  price  less  than  said  maximum  price,  it  shall 
be  its  duty  so  to  do,  and  may  without  unnecessary  delay,  make  effort 
to  secure  such  lower  price  before  adopting  any  particular  text-book. 
Each  board  of  education  shall  have  power  to,  and  shall  make  all  necessary, 
provisions  and  a;r..ng:mcnts  to  place  the  books  so  purchased  within  easy 
reach  of  and  accessible  to  all  the  pupils  in  their  district,  and  for  that 
purpose  may  make  such  contracts,  and  take  such  security  as  they  may 
deem  necessary,  for  the  custody,  care  and  sale  of  such  books  and  account- 
ing for  the  proceeds  ;  but  not  to  exceed  ten  per  cent,  of  the  cost  price  shall 
be  paid  therefor,  and  said  books  shall  be  sold  to  the  pupils  of  school  age 
in  the  district,  at  the  price  paid  the  publisher,  and  not  to  exceed  ten  per 
cent  therefore  added,  and  the  proceeds  of  such  sale  shall  be  paid  into  the 
contingent  fund  of  such  district,  and  whoever  receives  said  books  from 
the  board  of  education  for  sale  as  aforesaid  to  the  pupils,  and  fails  to 
account  honestly  and  fully  for  the  same,  or  for  the  proceeds  to  the  board 
of  education  when  required,  shall  be  guilty  of  embezzlement  and  punished 
accordingly.  Provided,  however,  boards  of  education  may  contract  with 
local  retail  dealers  to  furnish  said  books  at  prices  above  specified,  the 
said  board  being  still  responsible  to  the  publisliers  for  all  books  purchased 
by  the  said  board  of  education.  And  when  pupils  remove  from  any  dis- 
trict, and  have  text-books  of  the  kind  adopted  in  such  district,  and  not 
being  of  the  kind  adopted  in  the  district  to  which  they  remove,  and  wish 
to  dispose  of  the  same,  the  board  of  the  district  from  which  they  remove, 
when  requested,  shall  purchase  the  same  at  the  fair  value  thereof,  and 
resell  the  same  as  other  books;  and  nothing  in  this  act  shall  prevent  the 
board  o^  education  from  furnishing  free  books  to  pupils  as  provided  bv 
law.    That  for  the  purpose  of  carrying  into  efifect  the  foregoing  provis- 


OHIO    SCHOOL    LAWS.  141 


Schools  and  Attendance  Enforced.  Ch.  9. 

ions  of  this  act,  and  paying  the  expenses  incident  thereto,  there  be  and  is 
hereby  appropriated  out  of  any  money  in  the  state  treasury,  to  the  credit 
of  the  general  revenue  fund,  not  otherwise  appropriated,  the  sum  of  five 
hundred  dollars,  to  be  disbursed  and  paid  on  the  allowance  and  order  of 
said  commissioner.     (92  v.  282.) 

Penalty  for  bribery  in  sale  of  text-books  and  school  apparatus,  see  S«c.  C975fl,  given  in 
full   under  Sec.   4017. 

(4020-15)  Sec.  I.  [Purchase  of  Howe's  Historical  Collections  of 
Ohio  for  schools ;  payment.]  The  boards  of  education  of  city,  village, 
township  and  special  school  districts  in  the  state  be  and  are  hereby 
authorized  to  purchase  for  each  school  in  either  of  said  districts  one 
copy  of  "Howe's  Historical  Collections  of  Ohio,"  to  be  used  as  a 
reference  book  in  the  study  of  the  history  of  the  state ;  provided 
that  said  book  shall  be  in  quality,  style,  binding  and  finish  equal  to 
the  present  published  edition  of  said  work,  bound  in  half  Russia 
leather,  and  shall  cost  not  to  exceed  three  dollars  per  volume,  for 
each  set  of  three  volumes;  provided  further,  that  the  price  of  the 
books  and  cost  of  transportation  shall  be  paid  out  of  the  contingent 
fund  of  such  district.     (89  v.  241.) 

(4020-16)  Sec.  2.  [Care  and  preservation  of  books.]  Said  books, 
during  the  xwications  of  schools,  or  when  the  schools  are  not  jn  session, 
shall  be  taken  care  of  in  the  same  manner  that  maps,  globes,  dictionaries 
and  other  school  apparatus  are  cared  for  and  preserved.     (89  v.  241.) 

(4020-17)  Sec.  I.  [Physical  culture  in  schools;  where.]  Phys- 
ical culture  which  shall  include  calisthenics,  shall  be  included  in  the 
branches  to  be  regularly  taught  in  common  schools  in  cities  of  the 
first  and  second  class,  and  in  all  educational  institutions  supported 
wholly  or  in  part  by  money  received  from  the  state,  and  it  shall  be 
the  duty  of  boards  of  education  of  cities  of  the  first  and  second 
class,  and  boards  of  such  educational  institutions,  to  make  provision 
in  the  schools  and  institutions  under  their  jurisdiction  for  the  teach- 
ing of  physical  culture  and  calisthenics,  and  to  adopt  such  methods 
as  shall  adapt  the  same  to  the  capacity  of  the  pupils  in  the  various 
grades  therein.     (89  v.  276.) 

(4020-18)  Sec.  I.  [Cleveland;  providing  for  manual  training  of 
school  children  in  public  schools.]  Boards  of  education  in  cities  of  the 
second  grade  of  the  first  class  may  annually  levy  on  each  dollar  valuation 
of  taxable  property,  one-fifth  of  one  mill  additional  to  that  now  allowed; 
the  proceeds  of  said  levy  to  be  applied  toward  providing  manual  and  do- 
mestic training  for  the  children  of  the  schools  of  said  city,  and  said  board 
may  expend  such  part  of  said  proceeds  as  it  may  deem  expedient  in  pro- 
viding tuition  for  such  children  in  any  manual  training  school  that  has 
been  or  may  be  founded  in  said  city;  provided,  that  at  each  annual  election, 


142  OHIO    SCHOOL    LAWS. 


•Ch.  9.  Schools  and  Attendauce  Enforced. 

the  corporation  controlling  said  school  shall  choose  as  directors,  at  least 
six  persons,  who  shall  be  named  by  such  board  of  education,  and  shall  also 
•choose  as  a  director  the  superintendent  of  public  schools.     (84  v.  92.) 

See   Sees.   3958   and   3959. 

(4020-19)  Sec.  I.  [Manual  or  domestic  training  schools  in  Cleve- 
land.] Boards  of  education  in  cities  of  the  second  grade  of  the  first 
class,  may  use  for  the  purpose  of  purchasing  sites  for  manual  or  domestic 
training  schools,  and  erecting  or  purchasing  buildings  thereon  for  such 
schools,  so  much  as  they  may  deem  expedient  of  the  proceeds  of  the  levy 
for  manual  and  domestic  training,  authorized  by  the  act  entitled  "An  act 
to  authorize  boards' of  education  in  cities  of  the  second  grade  of  the  first 
class  to  levy  a  tax  for  certain  purposes  therein  specified/'  passed  March 
16,  1887.     (89  V.  178.) 

(4020-20)  Sec.  2.  [Certificates  of  indebtedness.]  That  for  the 
purpose  of  paying  for  such  sites  or  buildings,  or  for  the  construction  of 
such  buildings,  such  boards  of  education  may  issue  certificates  of  indebt- 
edness in  anticipation  of  such  levy,  payable  at  such  times  not  exceeding  six 
years  from  date  of  issue  as  they  may  designate,  but  bearing  no  interest  be- 
fore maturity.     (89  v.  178.) 

(4020-21)  Sec.  I.  [Columbus;  levy  for  establishment  of  manual 
training  schools.]  Boards  of  education  in  cities  of  the  first  grade  of  the 
second  class  be  and  they  are  hereby  authorized  to  make  a  levy  of  five- 
tenths.  (5-10)  of  a  mill  upon  each  dollar  valuation  of  the  taxable  property 
of  such  cities  in  addition  to  the  levy  authorized  for  other  purposes,  the 
proceeds  of  such  levy  to  be  used  for  the  purpoe  of  purchasing  sites  for,  ^nd 
erecting  manual  training  schools  thereon,  such  levy  to  run  for  the  term'of 
five  years,  at  the  end  of  which  time  a  levy  of  one-fifth  (1-5)  of  one  mill 
annually  is  hereby  authorized  for  the  maintenance  of  such  school.     (85  v 

251-) 

(4020-22)  Sec.  2.  [Issue  of  bonds.]  That  such  boards  of  educa- 
tion are  hereby  authorized  to  issue  bonds  in  anticipation  of  such  levy  01 
five-tenths  (5-10)  of  one  mill,  said  bonds  to  bear  interest  at  not  more  than 
five  (5)  per  cent,  per  annum,  payable  in  five  (5)  years,  and  to  be  sola  at 
not  less  than  their  par  value.     (85  v.  251.) 

See    Sees.    3958    and   8959. 

(4020-23)  Sec.  I.  [Instruction  in  the  effects  of  alcoholic  drinks 
and  other  narcotics;  made  a  regular  branch  of  study.]  The  nature 
of  alcoholic  drinks  and  other  narcotics,  and  their  efifects  on  the  human 
system,  in  connection  with  the  various  divisions  of  physiology  and 
hygiene,  shall  be  included  i.n  the  branches  to  be  regularly  taught  in 
the  common  schools  of  the  state,  and  in  all  educational  institutions 
.supported  wholly,  or  in  part,  by  money  from  the  state;   and  it  shall 


OHIO   SCHOOL   LAWS.  143 


Schools  and  Attendauce  Enforced.  Ch.  9. 

be  the  duty  of  boards  of  education,  and  boards  of  such  educational 
institutions  to  make  suitable  provisions  for  this  instruction  in  the 
schools  and  institutions  under  their  respective  jurisdiction,  giving 
definite  time  and  place  for  this  branch  in  the  regular  course  of  study ; 
and  to  adopt  such  methods  as  will  adapt  the  same  to  the  capacity 
of  pupils  in  the  various  grades ;  and  to  corresponding  classes  as  found 
in  ungraded  schools ;  the  same  tests  for  promotion  shall  be  required 
in  this  as  in  other  branches.     (94  v.  396;  85  v,  213.) 

(4020-24)  Sec.  2.  [Instruction  required  in  teachers'  institutes  and 
teachers'  training  schools ;  teachers'  certificate  n:ust  contain ;  enforce- 
ment of  law.]  In  all  teachers'  institutes,  also  in  all  normal  schools 
and  teachers'  training  classes  which  shall  hereafter  be  established 
by  the  state,  adequate  time  and  attention  shall  be  given  to  instruc- 
tion in  the  best  methods  of  teaching  this  branch.  No  certificate 
shall  be  granted  to  any  person  to  teach  in  the  common  schools  or 
in  any  educational  institution  supported  as  aforesaid  who  does  not 
pass  a  satisfactory  examination  on  this  subject,  and  the  best  methods 
of  teaching  the  same.  It  shall  be  the  duty  of  the  state  commis- 
sioner of  common  schools  to  see  that  the  provisions  in  this  section 
relating-  to  county  teachers'  institutes,  and  schools  and  classes  by 
whatever  name  hereafter  established  for  training  teachers,  and  the  exam- 
ination of  teachers,  are  carried  out ;  and  said  commissioner  shall,  each 
year,  make  full  report  of  the  enforcement  of  said  section  in  connection 
with  his  annual  report.     (94  v.  396;   85  v.  213.) 

Teachers'  certificates;    see   Sec.   4074. 

•  (4020-25)  Sec.  3.  [Penalty  for  failure  to  enforce  law;  jurisdiction 
of  courts.]  Any  school  official,  or  any  employe  in  any  way  con- 
cerned, in  the  enforcement  of  the  act,  who  wilfully  refuses  or  neg- 
lects to  provide  for,  or  to  give  the  instruction  required  by  this  act, 
shall  be  fined,  and  shall  pay  for  each  offense  the  sum  of  twentyT 
five  dollars.  Mayors,  justices  of  the  peace  and  probabte  judges 
shall  have  concurrent  jurisdiction  with  the  common  pleas  court  to 
try  the  offenses  described  in  this  act  and  all  fines,  or  penalties,  col- 
lected under  this  act  shall  be  paid  into  the  general  county  school 
fund  of  the  county  in  which  such  fine  or  penalty  was  coHected.  (94 
V.  396;  85  v.  213.) 

Sec.  4021.  [When  German  language  to  be  taught,  etc.]  The 
board  of  any  district  shall  cause  the  German  language  to  be  taught 
in  any  schools  under  its  control,  during  any  school  year,  when  a. 
demand  therefor  is  made,  in  writing,  by  seventy-five  freeholders 
resident  of  the  district,  representing  not  less  than  forty  pupils  who 
are  entitled  to  attend  such  school,  and  who,  in  good  faith,  desire 
and  intend  to  study  the  German  and  English  languages  together; 


144  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

but  such  demand  shall  be  made  at  a  regular  meeting  of  the  board, 
and  prior  to  the  beginning  of  such  school  year ;  and  any  board 
may  cause  the  German  or  other  language  to  be  taught  in  any  school 
under  its  control,  without  such  demand.     (70  v.  195,  §  52.) 

Sec.  4022.  [Pupils  may  be  sent  from  one  district  to  another.] 
The  board  of  any  district  may  contract  with  the  board  of  any  other 
district  for  the  admission  of  pupils  into  any  school  in  such  other 
district,  on  such  terms  as  may  be  agreed  upon  by  such  boards ;  and 
the  expense  so  incurred  shall  be  paid  out  of  the  school  funds  of  the 
district  sending  such  pupils.      (73  v.  243,  §  64.) 

Who  may  be  admitted  to  the  public  schools;   see   Sec.   4013. 

The  contract  must  be  express,  merely  permitting  the  attendance  of  a  non-resident  pupil 
creates   no   liability.    50   O.    S.,    439. 

Sec.  40220.  [Attendance  at  nearest  school;  expense  per  capita; 
Cuyahoga  and  Franklin  counties.]  The  board  of  education  of  any 
township  district,  [subdistrict,]  joint  subdistrict,  special  or  village 
district,  within  the  state  of  Ohio,  shall  permit  children  of  school 
age  who  reside  further  than  one  and  one-half  miles  from  the  school 
where  they  have  a  legal  residence  under  the  school  laws  of  Ohio, 
to  attend  the  nearest  subdistrict  or  joint  subdistrict  school;  or  the 
grades  below  the  high  school  in  special  and- village  district  schools; 
and  where  such  children  are  under  twelve  years  of  age,  boards  of 
education  of  city  districts  of  the  first  class  shall  permit  them  to  at- 
attend  schools  under  their  control  and  the  per  capita  current  expense  of 
running  the  school  in  the  district  where  such  children  attend,  for  the  term 
so  attending,  shall,  upon  the  demand  of  the  board  of  education  of  such 
district,  be  paid  by  the  board  of  education- of  the  district  where  such  chil- 
dren have  a  legal  residence.  The  per  capita  cost  of  running  the  school 
in  the  subdistrict  and  joint  subdistricts  shall  be  the  quotient  produced 
by  dividing  the  total  current  expense  of  running  such  school  by  the  total 
number  of  children  of  school  age  in  such  district;  the  per  capita  cost  of 
running  the  school  in  special  and  village  districts  shall  be  the  quotienl; 
arising  from  dividing  the  total  current  expense  of  the  departments  below 
the  high  school,  including  so  much  of  the  superintendent's  salary  as  may 
be  paid  for  the  supervision  of  such  departments,  by  the  total  enrollment 
in  these  departments;  provided  that  in  counties  containing  a  city  Of  the 
second  grade  of  the  first  class  and  the  first  grade  of  the  second  class, 
any  board  of  education  of  any  township  district  located  therein,  may,  when 
its  opinion  the  same  will  be  for  the  best  interests  of  the  pupils  therein,  tem- 
porarily suspend  school  in  any  subdistrict,  and  provide  for  the  conveyance 
of  said  pupils  to  the  school  in  the  adjoining  subdistrict  most  convenient  for 
them  respectively.  Provided  that  nothing  in  this  act  shall  be  so  con- 
strued as  to  require  any  pupils  to  procure  the  consent  of  the  board  of 
education  either  in  the  district  in  which  said  pupil  is  entitled  to  attend 


OHIO   SCHOOL   LAWS.  146 


Schools  and  Attendance  Enforced.  Ch.  y. 

under  the  provisions  of  this  act,  but  the  attendance  as  herein  provided 
for  shall  be  a  matter  of  right.     (92  v.  132;  91  v.  54;  90  v.  295;  89  v.  233.) 

No  contract  between  the  boards  is  necessary.  If  the  receiving  board  give  the  permis- 
sion, the  sending  board  must  pay,  no  permission  of  the  sending  board  is  necessary.  10  C. 
C,    617. 

The  distance  is  to  be  measured  by  the  most  direct  public  highway,  from  the  school 
house  to  the  nearest  portion  of  the  curtilage  of  the  child's  residence.    58  O.  S. ,  390. 

This  section  of  the  law  does  not  apply  where  transportation  is  furnished  to  pupils.    Com. 

COMPULSORY    EDUCATION. 

"The  statute  passed  by  the  general  assembly  of  the  state  of  Ohio,  April  25,  1890,  en- 
titled !An  act  to  compel  children  under  H  years  of  age  to  attend  school  a  certain  length  of 
time  each  year';   Held  to  be  constitutional. 

"The  provisions- of  section  11  of  said  statute  apply  to  the  principals  and  teachers  of 
parochial  schools,    such   schools  being   included   in   the  term   'private   schools.' 

"1st.  The  proviso  to  section  9  of  the  act  is:  'Provided  that  this  law  shall  not  be  opera- 
tive in  any  school  district  where  there  arc  not  sufficient  seating  accommodations  to  seat  chil- 
dren compelled  to  attend  school  under  the  provisions  of  this  act';  Held,  the  provision  does 
not   require   the   furnishing   of    seating   accommodations   for   children    attending   private    schools. 

"Held,  further,  that  the  burden  of  proving  that  there  was  not  sufficient  seating  capacity 
was  incumbent,  in  the  first  instance,  upon  the  defendant;  but  upon  the  whol^  evidence  the 
burden   of  proof  remains   with   the   prosecution. 

"Section  13  of  the  act,  as  amended,  does  not  give  mayors,  justices  of  the  peace  and 
probate  judges  exclusive  jurisdiction  to  try  persons  or  officers  for  neglecting  to  perform  duties 
required  of  them  under  said  act,  but  the  jurisdiction  conferred  upon  them  is  concurrent  with 
that  of  the  court  of  common  pleas.  In  criminal  prosecutions  the  state  has  a  right  to  demand 
and  have  a  struck  jury  to  try  the  case."    5  C.   C,   638;   .\fl'd  by  Supreme   Court   (no  report). 

(4022-1)  Sec.  I.  [In  what  branches  children  must  be  taught; 
necessary  time  of  attendance ;  excuse ;  appeal  in  case  of  refusal  to  ex- 
cuse.] All  parents,  guardians  and  other  persons  who  have  care  of 
children,  shall  instruct  them,  or  cause  them  to  be  instructed  in  reading, 
spelling,  writing,  English  grammar,  geography  and  arithmetic.  Every 
parent,  guardian  or  other  person  having  charge  of  any  child  between 
the  ages  of  eight  and  fourteen  years,  shall  send  such  child  to  a  public, 
private  or  parochial  school,  for  the  following  period :  In  city  districts, 
in  each  school  year  beginning  September  first,  not  less  than  twenty  weeks, 
at  least  ten  weeks  of  which,  commencing  within  the  first  four  weeks  of 
the  school  year,  shall  be  consecutive;  and  in  special,  village  and  town- 
ship districts,  not  less  than  sixteen  weeks  in  each  school  year,  eight  of 
which,  commencing*  within  the  first  four  weeks  of  the  school  year,  shall 
be  consecutive,  unless  the  child  is  excused  from  such  attendance  ty  the 
superintendent  of  the  public  schools,  in  city  or  other  districts  having  such 
superintendent,  or  by  the  clerk  of  the  board  of  education  in  village,  special 
and  township  districts  not  having  such  superintendent,  or  by  the  prin- 
cipal of  the  private  or  parochial  school,  upon  a  satisfactory  showing, 
either  that  the  bodily  or  mental  condition  of  the  child  does  not  permit 
•of  its  attendance  at  school,  or  that  the  child  is  being  instructed  at  home 
by  a  person  qualified,  in  the  opinion  of  the  superintendent  of  schools  in 
city  or  other  districts  having  such  superintendent,  or  the  clerk  of  the 
board  of  education  in  special,  village  and  township  districts  not  having 

10    S.  L. 


146  OHIO   SCHOOL   LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

such  superintendent,  to  teach  the  branches  named  in  this  section.  In  case 
such  superintendent,  principal  or  clerk  refuse  to  excuse  a  child  from 
attendance  on  school,  an  appeal  may  be  taken  from  such  decision  to  the 
probate  judge  of  the  county,  upon  the  giving  of  a  bond,  within  ten  days 
after  such  refusal,  to  the  approval  of  said  judge,  to  pay  all  the  costs  of 
the  appeal,  and  the  decision  of  the  probate  judge  in  the  matter  shall  be 
final.  All  children  between  the  ages  of  eight  and  sixteen  years,  not  en- 
"^  gaged  in  some  regular  employment,  shall  attend  school  for  the  full  term 
the  schools  of  the  district  in  which  they  reside  are  in  session  during 
the  school  year,  unless  excused  for  the  reasons  above  named.  (90  v. 
285;   86  V.  333;   89  V.  389;   87  v.  316,  143.) 

Sec.6986-7.    No    child    under    the    age    of    thirteen    years    shall 
be  employed  in  any  factory,   workshop,   mercantile  or  other  estab- 
lishment,  directly  or  indirectly;  and  no  boy  under  fifteen  years  of 
age,    and   no   girl   under   sixteen   years   of   age,    shall    be    employed 
at    any    work   performed    for   wages   or    other   compensation,    or    in 
^assisting  any  person  employed  as  a  wage-earner,   when   the  public 
schools   in   which    district   such   child   resides   are   in    session,    pro- 
viding  this   act   shall    not   apply   to   females   working   at    household 
work. 
This  law,   section  6986-7,   does  not  change  the   original   compulsory   education   law   except 
as  to  the  age  of  children  affected,   making  th.e  age  limit   for  boys   fifteen  years,   for   girls   six- 
teen  years   except   when    working   at    household    work,    instead    of   fourteen    years    as   formerly; 
see  opinion   of  attorney   general   under   Sec.   4022-2.     Com. 

The  school  week  consists  of  five  days,  consequently  twenty  weeks  would  be  construed 
as  meaning  one  hundred  days,  and  sixteen  weeks  as  eighty  days,  any  other  construction 
might  defeat  the  entire  object  of  the  law.    Com. 

(4022-2)  Sec.  2.  [Employment  of  children  under  fourteen  years 
of  age;  penalty.]  No  child  under  the  age  of  fourteen  years  shall  be 
employed  by  any  person,  company  or  corporation  during  the  school  term, 
and  while  the  public  schools  are  in  session,  unless  the  parent,  guardian 
or  person  in  care  of  such  child,  shall  have  fully  complied  with  the  re- 
quirements of  section  i  of  this  act.  Every  person,  company  or  corpora- 
tion shall  require  proof  of  such  compliance  before  employing  any  such 
minor,  and  shall  make  and  keep  a  written  record  of  the  proof  given, 
and  shall,  upon  the  request  of  the  truant  officer  hereinafter  provided 
for,  permit  him  to  examine  such  record,  and  also. the  record  provided 
for  by  section  698600  of  the  Revised  Statutes.  Any  person,  company  or 
corporation  employing  any  child  contrary  to  the  provisions  of  this  sec- 
tion, shall  be  fined  not  less  than  twenty-five  nor  more  than  fifty  dollars. 
(90  V.  285;  86  V.  334,  §  2.) 

Complying  with  your  personal  request  for  a  legal  construction  of  section  4022-2  of  the 
Revised  Statutes  of  Ohio  and  section  1  of  what  is  commonly  known  as  the  Davis  law,  passed 
April  19,  1898  (93  O.  L.,  p.  123),   this  office  begs  to  submit  the  following  opinion: 

"As  you  will  observe,  there  is  a  specific  repeal  of  part  of  section  4022-2  in  that  the 
Davis  law  repeals  section  6986aa,  which  is  incorporated  in  and  made  a  part  of  section 
4022-2.  If  this  were  all,  the  other  part  of  the  section  would  stand.  But  the  age  at  which 
children  can  be  employed  has,  as  you  will  notice,  been  changed  from  fourteen  to  fifteen 
years,  and  this  is  such  a  repugnancy  between  the  two  acts  as  to  preclude  their  being  recon- 
ciled  so   as   to   permit   giving   effect   to   both   acts.    Therefore,    under   the   rule   of   construction 


OHIO   SCHOOL    LAWS.  147 


Schools  and  Attendance  Enforced.  Ch.  9. 

that  where  it  is  necessary  to  hold  an  earlier  statute  impliedly  repealed  by  a  later  one,  on 
account  of  the  conflict  between  them,  we  hold  that  section  1  of  the  Davis  act  repeals  section 
4022-2.  The  extent  of  the  repeal  being  measured  by  the  extent  of  the  conflict  or  inconsist- 
ency between  the  acts,  and  the  above  sections  being  the  only  ones  that  conflict,  the  balance 
of  the  compulsory  education  law  remains  in  force.  The  intent  of  the  legislature  that  the 
remaining  sections  of  the  ed\^cation  law  should  stand,  is,  we  believe,  manifest,  for  the  Davis 
act  charges  the  inspector  of  workshops  and  factories  with  the  duty  of  prosecuting  all  viola- 
tions of  the  law  and  confers  u()on  the  chief  and  district  inspectors  the  same  authority  and 
power  to  enforce  the  law  as  is  invested  in  the  truant  ofiicers  to  compel  school  attendance. 
We  would,  therefore,  advise  you  to  follow  the  Davis  law  in  so  far  as  it  repeals  sections  4022-2. 
Attorney    General. 

Sec.  802.  No  child  under  fifteen  years  of  age  shall  be  allowed 
to  work  in  any  mine,  during  the  school  term  of  the  public  schools 
in  the  district  in  which  such  minor  resides,  and  no  child  under 
fourteen  years  of  age  shall  be  employed  in  any  mine  during  the 
vacation  interim  of  the  public  schools  in  the  school  district  in 
which  such  minor  resides,  and  in  all  cases  of  minors  applying  for 
work  the  agent  of  such  mine  shall  see  that  the  provisions  of  this 
section  are  not  violated;  he  shall  also  keep  a  record  of  all  minors 
employed  by  him,  or  by  any  person  employed  in  said  mines, 
giving  the  name,  age,  place  of  birth,  parents'  name  and  resi- 
dence, with  character  of  employment,  and  he  shall  demand  from 
such  minor  proof  that  he  has  complied  with  the.  requirements 
of  the  school  laws;  and  it  shall  be  the  duty  of  the  mine  inspector 
to  inspect  such  record  and  to  report  to  the  chief  inspector  of 
mines  the  number  of  minors  employed  in  or  about  such  mines  and 
to   enforce   the   provisions   of  this   section. 

(4022-3)  Sec.  3.  [Half  day  attendance  of  minors  in  certain  cases; 
employment  of  such  minors;  penalty;  private  instruction  of  such 
minors.]  All  minors  over  the  age  of  fourteen  and  under  the  age 
of  sixteen  years,  who  cannot  read  and  write  the  English  language, 
shall  attend  school  at  least  one-half  of  each  day,  or  attend  a  pub- 
lic night  school,  or  take  regular  private  instruction  from  some  per- 
son qualified,  in  the  opinion  of  the  superintendent  of  schools  in 
city  or  other  districts  having  such  superintendent,  or  the  clerk  of  the 
board  of  education  in  village,  special  and  township  districts  not  having 
such  superintendent,  to  teach  such  branches,  imtil  such  minor  obtain  a 
certificate  from  such  superintendent  or  clerk,  that  he  or  she  can  read 
at  sight  and  write  legibly  simple  sentences  in  the  English  language. 
Every  person,  company  or  corporation  employing,  or  having  in  employ- 
ment any  such  minor,  shall  exact  the  school  attendance  or  instruc- 
tion required  by  this  section,  as  a  condition  of  employment,  and  shall, 
on  request  of  the  truant  oflficer  hereinafter  provided  for,  furnish  evidence 
that  such  minor  is  complying  with  the  requirements  of  this  section. 
Every  person,  company  or  corporation  which  employs,  or  has  in  em- 
ployment, any  such  minor  without  exacting  the  school  attendance  or  in- 
struction required  by  this  section,  or  employs  or  has  in  employ- 
ment any  such  minor  who  is  not  complying  with  the  requirements 
of  this  section,  shall  be  fined  not  less  than  twenty-five  nor  more  than 
fifty  dollars.  Provided,  any  employer  may,  with  the  approval  of  the 
superintendent  or  clerk  above  mentioned,  make  provision  for  the  private 
instruction  of  such  minors  in  his  employ.  (90  v.  286;  86  v.  334,  §§  3, 
4;   87  V.  143.) 


146  OHIO    SCHOOL   LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

such  superintendent,  to  teach  the  branches  named  in  this  section.  In  case 
such  suj)erintendent,  principal  or  clerk  refuse  to  excuse  a  child  from 
attendance  on  school,  an  appeal  may  be  taken  from  such  decision  to  the 
probate  judge  of  the  county,  upon  the  giving  of  a  bond,  within  ten  days 
after  such  refusal,  to  the  approval  of  said  judge,  to  pay  all  the  costs  of 
the  appeal,  and  the  decision  of  the  probate  judge  in  the  matter  shall  be 
final.  All  children  between  the  ages  of  eight  and  sixteen  years,  not  en- 
^  gaged  in  some  regular  employment,  shall  attend  school  for  the  full  term 
the  schools  of  the  district  in  which  they  reside  are  in  session  during 
the  school  year,  unless  excused  for  the  reasons  above  named.  (90  v. 
285;   86  V.  333;   89  v.  389;   87  V.  316,  143.) 

Sec. 6986-7.    No    child    under    the    age    of    thirteen    years    shall 
be  employed  in  any  factory,   workshop,   mercantile  or  other  estab- 
lishment,  directly  or  indirectly;  and  no  boy  under  fifteen  years  of 
age,    and   no   girl   under   sixteen   years   of   age,    shall    be   employed 
at    any    work   performed    for    wages   or   other   compensation,    or   in 
%  assisting  any  person  employed  as  a  wage-earner,   when   the  public 
schools   in   which    district    such    child   resides   are   in    session,    pro- 
viding  this   act   shall   not   apply   to   females   working   at    household 
work. 
This  law,   section  6986-7,   does  not  change  the  original   compulsory   education   law   except 
as  to  the  age  of  children  affected,   making  tl;e  age  limit  for  boys   fifteen  years,   for   girls   six- 
teen  years   except   when    working   at   household    work,    mstead    of   fourteen    years    as    formerly; 
see  opinion   of  attorney   general   under   Sec.   4022-2.     Com. 

The  school  week  consists  of  five  days,  consequently  twenty  weeks  would  be  construed 
as  meaning  one  hundred  days,  and  sixteen  weeks  as  eighty  days,  any  other  construction 
might  defeat  the  entire  object  of  the  law.    Com. 

(4022-2)  Sec.  2.  [Employment  of  children  under  fourteen  years 
of  age;  penalty.]  No  child  under  the  age  of  fourteen  years  shall  be 
employed  by  any  person,  company  or  corporation  during  the  school  term, 
and  while  the  public  schools  are  in  session,  unless  the  parent,  guardian 
or  person  in  care  of  such  child,  shall  have  fully  complied  with  the  re- 
quirements of  section  i  of  this  act.  Every  person,  company  or  corpora- 
tion shall  require  proof  of  such  compliance  before  employing  any  such 
minor,  and  shall  make  and  keep  a  written  record  of  the  proof  given, 
and  shall,  upon  the  request  of  the  truant  officer  hereinafter  provided 
for,  permit  him  to  examine  such  record,  and  also. the  record  provided 
for  by  section  6g86aa  of  the  Revised  Statutes.  Any  person,  company  or 
corporation  employing  any  child  contrary  to  the  provisions  of  this  sec- 
tion, shall  be  fined  not  less  than  twenty-five  nor  more  than  fifty  dollars. 
(90  V.  285;  86  V.  334,  §  2.) 

Complying  with  your  personal  request  for  a  legal  construction  of  section  4022-2  of  the 
Revised  Statutes  of  Ohio  and  section  1  of  what  is  commonly  known  as  the  Davis  law,  passed 
April  19,  1898  (93  O.  L.,  p.  123),   this  office  begs  to  submit  the  following  opinion": 

"As  you  will  observe,  there  is  a  specific  repeal  of  part  of  section  4022-2  in  that  the 
Davis  law  repeals  section  6986aa,  which  is  incorporated  in  and  made  a  part  of  section 
4022-2.  If  this  were  all,  the  other  part  of  the  section  would  stand.  But  the  age  at  which 
children  can  be  employed  has,  as  you  will  notice,  been  changed  from  fourteen  to  fifteen 
years,  and  this  is  such  a  repugnancy  between  the  two  acts  as  to  preclude  their  being  recon- 
ciled   so   as   to   permit   giving   effect   to   both   acts.    Therefore,    under   the   rule   of   construction 


OHIO   SCHOOL   LAWS.  147 


Schools  and  Attendance  Enforced.  Ch.  9. 

that  where  it  is  necessary  to  hold  an  earlier  statute  impliedly  repealed  by  a  later  one,  on 
account  of  the  conflict  between  them,  we  hold  that  section  1  of  the  Davis  act  repeals  section 
4022-2.  The  extent  of  the  repeal  being  measured  by  the  extent  of  the  conflict  or  inconsist- 
ency between  the  acts,  and  the  above  sections  being  the  only  ones  that  conflict,  the  balance 
of  the  compulsory  education  law  remains  in  force.  The  intent  of  the  legislature  that  the 
remaining  sections  of  the  edijcation  law  should  stand,  is,  we  believe,  manifest,  for  the  Davis 
act  charges  the  inspector  of  workshops  and  factories  with  the  duty  of  prosecuting  all  viola- 
tions of  the  law  and  confers  uf>on  the  chief  and  district  inspectors  the  same  authority  and 
power  to  enforce  the  law  as  is  invested  in  the  truant  officers  to  compel  school  attendance. 
We  would,  therefore,  advise  you  to  follow  the  Davis  law  in  so  far  as  it  repeals  sections  4022-2. 
Attorney   General. 

Sec.  302.  No  child  under  fifteen  years  of  age  shall  be  allowed 
to  work  in  any  mine,  during  the  school  term  of  the  public  schools 
in  the  district  in  which  such  minor  resides,  and  no  child  under 
fourteen  years  of  age  shall  be  ernployed  in  any  mine  during  the 
vacation  interim  of  the  public  schools  in  the  school  district  in 
which  such  minor  resides,  and  in  all  cases  of  minors  applying  for 
work  the  agent  of  such  mine  shall  see  that  the  provisions  of  this 
section  are  not  violated;  he  shall  also  keep  a  record  of  all  minors 
employed  by  him,  or  by  any  person  employed  in  said  mines, 
giving  the  name,  age,  place  of  birth,  parents'  name  and  resi- 
dence, with  character  of  employment,  and  he  shall  demand  from 
such  minor  proof  that  he  has  complied  with  the.  requirements 
of  the  school  laws;  and  it  shall  be  the  duty  of  the  mine  inspector 
to  inspect  such  record  and  to  report  to  the  chief  inspector  of 
mines  the  number  of  minors  employed  in  or  about  such  mines  and 
to  enforce  the  provisions  of  this   section. 

(4022-3)  Sec.  3.  [Half  day  attendance  of  minors  in  certain  cases; 
employment  of  such  minors;  penalty;  private  instruction  of  such 
minors.]  All  minors  over  the  age  of  fourteen  and  under  the  age 
of  sixteen  years,  who  cannot  read  and  write  the  English  language, 
shall  attend  school  at  least  one-half  of  each  day,  or  attend  a  pub- 
lic night  school,  or  take  regular  private  instruction  from  some  per- 
son qualified,  in  the  opinion  of  the  superintendent  of  schools  in 
city  or  other  districts  having  such  superintendent,  or  the  clerk  of  the 
board  of  education  in  village,  special  and  township  districts  not  having 
such  superintendent,  to  teach  such  branches,  until  such  minor  obtain  a 
certificate  from  such  superintendent  or  clerk,  that  he  or  she  can  read 
at  sight  and  write  legibly  simple  sentences  in  the  English  language. 
Every  person,  company  or  corporation  employing,  or  having  in  employ- 
ment any  such  minor,  shall  exact  the  school  attendance  or  instruc- 
tion required  by  this  section,  as  a  condition  of  employment,  and  shall, 
on  request  of  the  truant  oflficer  hereinafter  provided  for,  furnish  evidence 
that  such  minor  is  complying  with  the  requirements  of  this  section. 
Every  person,  company  or  corporation  which  employs,  or  has  in  em- 
ployment, any  such  minor  without  exacting  the  school  attendance  or  in- 
struction required  by  this  section,  or  employs  or  has  in  employ- 
ment any  such  minor  who  is  not  complying  with  the  requirements 
of  this  section,  shall  be  fined  not  less  than  twenty-five  nor  more  than 
fifty  dollars.  Provided,  any  employer  may,  with  the  approval  of  the 
superintendent  or  clerk  above  mentioned,  make  provision  for  the  private 
instruction  of  such  minors  in  his  employ.  (90  v.  286;  86  v.  334,  §§  3, 
4;   87  V.  143.) 


148  OHIO    SCHOOL    LAWS. 

Ch.  9.  Schools  and  Attendance  Enforced. 

Boards  of  education  are  authorized  by  section  3985  to  make  rules  and  regulations  for 
the  government  of  the  schools  under  their  control;  they  can  therefore  prescribe  the  part  of 
the  day  to  be  attended  under  this  section  of  the  law,   whether  morning  or  afternoon.    Com. 

What  attendance  at  night  school  is  equivalent  to  attendance  at  day  school,   see  Sec.  4029. 

"Write  legibly  simple  sentences  in  the  English  language,"  evidently  means,  not  the 
copying  of  such   sentences,    but   the  writing  of  them   at   dictation.    Com. 

(4022-4)  Sec.  4.  [Juvenile  disorderly  persons.]  Every  child  be- 
tween the  ages  of  eight  and  fourteen  years,  and  every  child  between 
the  ages  of  fourteen  and  sixteen  years  unable  to  read  and  write  the 
English  language,  or  not  engaged  in  some  regular  employment,  who 
is  an  habitual  truant  from  school,  or  who  absents  itself  habitually 
from  school,  or  who,  while  in  attendance  at  any  public,  private  or 
parochial  school,  is  incorrigible,  vicious  or.  immoral  in  conduct,  or 
who  habitually  wanders  about  the  streets  and  public  places  during 
school  hours  having  no  business  or  lawful  occupation,  shall  be 
deemed  a  juvenile  disorderly  person,  and  be  subject  to  the  provisions 
of  this  act.     (90  V.  286;  86  v.  335,  §  5 ;  90  v.  57;  88  v.  136.) 

Many  different  meanings  are  likely  to  be  attached  to  the  phrases  "regular  employment," 
"habitual  truant,"  "lawful  occupation,"  etc.,  and  in  the  absence  of  any  decision  of  the  court 
defining  these  expressions,  it  is  very  difficult,  in  fact  scarcely  possible  to  draw  an  exact  line 
of  definition.  Boards  of  education  should  adopt  rules  governing  such  matters.  Such  rules  / 
should  inform  the  public  as  to  the  interpretation  placed  upon  these  expressions  by  the  board, 
and  if  reasonable,    would  almost  certainly  be   sustained   by  the  courts.    Com. 

Proceedings  against  juvenile   disorderly   persons,    see   Sec.    4022-8. 

(4022-5)  Sec.  5.     [Truant  officers;   powers;    duties.]     To  aid  in 

the  enforcement  of  this  act,  truant  officers  shall  be  appointed  and  employed 
as  follows :  In  city  districts  the  board  of  education  shall  appoint  and 
employ  one  or  more  truant  officers ;  in  special,  village  and  township  dis- 
tricts the  board  of  education  shall  appoint  a  constable  or  other  person 
as  truant  officer.  The  compensation  of  the  truant  officer  shall  be  fixed 
by  the  board  appointing  him.  The  truant  officer  shall  be  vested  with 
police  powers,  and  shall  have  authority  to  enter  workshops,  factories, 
stores  and  all  other  places  where  children  may  be  employed,  and  do  what- 
ever may  be  necessary,  in  the  way  of  investigation  or  otherwise,  to  en- 
force this  act.  The  truant  officer  shall  institute  proceedings  against 
any  officer,  parent,  guardian,  person  or  corporation  violating  any  pro- 
visions of  this  act,  and  shall  otherwise  discharge  the  duties  prescribed 
in  this  act,,  and  perform  such  other  services  as  the  superintendent 
of  schools  or  the  board  of  education  may  deem  necessary  to  preserve 
the  rnorals  and  secure  the  good  conduct  of  school  children,  and  to  en- 
force this  act.  The  truant  officer  shall  keep  a  record  of  his  transac- 
tions for  the  inspection  and  information  of  the  superintendent  of  the 
schools  and  the  board  of  education ;  and  he  shall  make  dailv  reports  to 
the  superintendent  of  schools  during  the  school  term  in  cities,  and  to 
the  clerk  of  the  board  of  education,  as  often  as  required  by  him,  in 
special,  village  and  township  districts.     Suitable  blanks  for  the  use  of 


OHIO   SCHOOL   LAWS.  149 


Schools  and  Attendance  Enforced.  Ch.  9. 

the  truant  officer  shall  be  provided  by  the  clerk  of  the  board  of  education. 
(90  V.  286;  86  V.  335,  §  6;  87  V.  325,  114.)  .  ^ 

Chief  and  district  inspectors  of  workshops  have  authority  of  truant  officers,  etc.,  under 
act  as   to   employment   of  -minors;     see   Sec.   6<J86-10,    R.    S. 

a         Where  a  pupil  is  attending  school  in  a  district  in  which  he  does  not  reside,  he  is  under 
the  jurisdiction  of  the  school  officers  of  the  district  where  he  attends.    Com. 

(4022-6)  Sec.  6.  [Reports  of  principals  and  teachers.]  It  shall  be 
the  duty  of  all  principals  and  teachers  of  all  schools,  public,  private  and 
parochial,  to  report  to  the  clerk  of  the  board  of  education  of  the  city, 
special,  village  or  township  district  in  which  the  schools  are  situated, 
the  names,  ages  and  residence  of  all  pupils  in  attendance  at  their  schools, 
together  with  such  other  facts  as  said  clerk  may  require,  in  order  to 
facilitate  the  carrying  out  of  the  provisions  of  this  act,  and  the  clerk 
shall  furnish  blanks  for  such  purpose,  and  such  report  shall  be  made  in 
the  last  week  of  September,  December,  February  and  April  of  each 
year.  It  shall  be  the  further  duty  of  such  principals  and  teachers  to 
report  to  the  truant  officer,  the  superintendent  of  public  schools,  or  the 
clerk  of  the  board  of  education,  all  cases  of  truancy  or  incorrigibility  in 
their  respective  schools  as  soon  after  these  offenses  have  been  committed 
as  practicable.     (90  v.  287.) 

Sec  5  C.   C,   638,    immeditely   preceding   Sec.   4022-1. 

Boards  of  education  should  have  blank  forms  printed  to  comply  with  the  provisions 
of  this  section  of  the  law.    Com. 

(4022-7)  Sec.  7.  [Proceedings  in  cases  of  truancy;  penalties.] 
On  the  request  of  the  superintendent  of  schools  or  the  board  of  educa- 
tion, or  when  it  otherwise  comes  to  his  notice,  the  truant  officer  shall 
examine  into  any  case  of  truancy  within  his  district,  and  warn  the  truant 
and  its  parents,  guardian  or  other  person  in  charge,  in  writing,  of  the  final 
consequences  of  truancy  if  persisted  in.  When  any  child  between  the 
ages  of  eight  and  fourteen  years,  or  any  child  between  the  ages  of  four- 
teen and  sixteen  years  who  cannot  read  and  write  the  English  language 
or  is  not  engaged  in  some  regular  employment,  or  any  child  between  the 
ages  of  fourteen  and  sixteen  years  who  has  been  discharged  from  em- 
ployment to  obtain  instruction  or  «chooling,  is  not  attending  school 
without  lawful  excuse  and  in  violation  of  the  provisions  of  this  act, 
the  truant  officer  shall  notify  the  parent,  guardian  or  other  person  in 
charge  of  such  child,  of  that  fact,  and  require  such  parent,  gfuardian  or 
other  person  in  charge,  to  cause  the  child  to  attend  some  recogfnized  school 
within  five  days  from  the  date  of  the  notice ;  and  it  shall  be  the  duty  of 
the  parent,  guardian  or  other  person  in  charge  of  the  child,  so  to  cause 
its  attendance  at  some  recognized  school.  Upon  failure  to  do  so,  the  tru- 
ant officer  shall  make  complaint  against  the  parent,  guardian  or  other 
person  in  charge  of  the  child,  in  any  court  of  competent  jurisdiction  in 
the  city,  special,  village  or  township  district  in  which  the  offense  occurs, 


150  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

for  such  failure,  and  upon  conviction,  the  parent,  guardian  or  other  per- 
^n  in  charge,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
twenty  dollars,  or  the  court  may,  in  its  discretion,  require  the  person  so 
convicted  to  give  a  bond  in  the  penal  sum  of  one  hundred  dollars,  with 
sureties  to  the  approval  of  the  court,  conditioned  that  he  or  she  will 
'  caus^  the  child  under  his  or  her  charge  to  attend  some  recognized  school 
within  five  days  thereafter,  and  remain  at  such  school  during  the 
term  prescribed  by  law.  And  upon  the  failure  or  refusal  of  any  such 
parent,  guardian  or  other  person  to  pay  said  fine  or  furnish  said  bond 
according  to  the  order  of  the  court,  then  said  parent,  guardian  or  other 
person  shall  be  imprisoned  in  the  county  jail  not  less  than  ten  days  nor 
more  than  thirty  days.     (90  v.  2^'j  \   86  v.  336,  §§  8,  9.) 

Under  this  section  trial  by  jury  is  not  authorized.  The  courts  have  discriminated  be- 
tween imprisonment  as  a  direct  penalty  for  an  offense  and  imprisonment  used  as  a  means  of 
enforcing  the  payment  of  a  fine.  42  O.  S. ,  186.  Section  12  of  this  law  makes  imprisonment 
a  direct  penalty  for  the  offense  and  hence  provides  for  a  trial  by  jury.     Com. 

For  form   of  notice,    see   Appendix. 

(4022-8)  Sec.  8.  [Proceedings  against  juvenile  disorderly  per- 
sons.] If  the  parent,  guardian  or  other  person  in  charge  of  any  child 
shall,  upon  the  complaint  under  the  last  section  for  a  failure  to  cause 
the  child  to  attend  a  recognized  school,  prove  inability  to  do  so, 
then  he  or  she  shall  be  discharged,  and  thereupon  the  truant  officer 
shall  make  complaint  that  the  child  is  a  juvenile  disorderly  per- 
son within  the  meaning  of  section  4  of  this  act.  If  such  com- 
plaint be  made  before  any  mayor  or  justice  of  the  peace,  it  shall 
be  certified  by  such  magistrate  to  the  probate  judge.  The  probate 
judge  shall  hear  such  complaint,  and  if  he  determine  that  the  child 
is  a  juyenile  disorderly  person  within  the  meaning  of  section  4 
hereof,  he  shall  commit  the  child,  if  under  ten  years  of  age,  and 
eligible  for  admission  thereto,  to  a  children's  home,  or  if  not  eligible, 
then  to  a  house  of  refuge  if  there  be  one  in  the  county,  or  to  the  boys' 
industrial  school  or  the  girls'  industrial  home,  or  to  some  other  juvenile 
reformatory.  No  child  over  ten  years  of  age  shall  be  committed  to  a 
county  children's  home,  and  any  child  committed  to  a  children's  home, 
may,  on  request  of  the  trustees  of  such  home,  and  it  being  shown  that 
it  is  vicious  and  incorrigible,  be  transferred  by  the  probate  judge  to  the 
boy's  industrial  school  or  the  girls'  industrial  home.  A  child  committed 
to  any  juvenile  reformatory  under  this  section,  shall  not  be  detained 
there  beyond  the  age  of  sixteen  years  and  may  be  discharged  sooner  by 
the  trustees  under  the  restrictions  applicable  to  other  inmates.  Any 
order  of  commitment  to  a  juvenile  reformatory  may  be  suspended,  in  the 
discretion  of  the  probate  judge,  for  such  time  as  the  child  may  regularly 
attend  school  and  properly  conduct  itself.  The  expense  incurred  in  the 
transportation  of  a  child  to  a  juvenile  reformatory  and  the  costs  in  the 


OHIO    SCHOOL   LAWS.  151 


Schools  aud  Attendance  Enforced.  Ch.  9. 

case  in  which  the  order  of  commitment  is  made,  shall  be  paid  by  the 
coimty  from  which  the  child  is  committed,  after  the  manner  provided  in 
section  759  of  the  Revised  Statutes.  Provided,  further,  that  if  for  any 
cause  the  parent,  guardian  or  other  person  in  charge  of  any  juvenile 
disorderly  person  as  defined  in  section  4  hereof,  shall  fail  to  cause  such 
juvenile  disorderly  person  to  attend  school,  then  complaint  against  such 
juvenile  disorderly  person  shall  be  made,  heard  and  determined  in  like 
manner  as  provided  in  case  the  parent  proves  inability  to  cause  such 
juvenile  disorderly  person  to  attend  school.  (90  v.  288;  86  v.  337,  §  8; 
87  v.  325,  144.) 

As  to  first  giving  notice  to  the  board  of  county  visitors,   sec  Sec.  633-18,    R.   S. 
Attention  is  called  to  the  fact  that  only  the  probate  judge  can  commit  the  child  to  any 
of  the  reformatory  institutions;   see  Sec.   11.    Com. 

(4022-9)  Sec.  9.  [Relief  to  enable  a  child  to  attend  school;  re- 
quired time.]  When  any  truant  officer  is  satisfied  that  any  child,  com- 
pelled to  attend  school  by  the  provisions  of  this  act,  is  unable  to  attend 
school  because  absolutely  required  to  work,  at  home  or  elsewhere,  in 
order  to  support  itself  or  help  support  or  care  for  others  legally  entitled 
to  its  services,  who  are  unable  to  support  or  care  for  themselves,  the 
truant  officer  shall  repon  the  case  to  the  authorities  charged  with  the 
relief  of  the  poor,  who  shall  thereupon,  if  the  case  be  a  meritorious  one, 
afford  such  relief  as  will  enable  the  child  to  attend  school  the  time  each 
year  required  under  this  act.  Such  child  shall  not  be  considered  or  de- 
clared a  pauper  by  reason  of  the  acceptance  of  the  relief  herein  provided 
for.  In  case  the  child  or  its  parents  or  guardian  refuse  or  neglect  to 
take  advantage  of  provisions  thus  made  for  its  instruction,  such  child 
may  be  committed  to  a  children's  home  or  a  juvenile  reformatory,  as 
provided  in  section  8  hereof.  Boards  of  education,  in  urgent  and  deserv- 
ing cases  where  no  other  relief  is  available,  and  where  neither  parents 
nor  child  are  at  fault,  may  make  suitable  temporary  arrangements  for 
the  instruction  of  the  child,  described  in  this  section,  either  at  home  or 
at  school,  and  for  such  purpose  may  incur  necessary  expense  to  be  paid 
out  of  the  scjiool  funds  of  the  district.     (90  v.  289;  86  v.  337,  §  8.) 

This  section  of  the  law  refers  to  all  authorities  charged  with  the  relief  of  the  poor,  and 
make's  it  the  duty  of  such  authorities,  and  of  the  board  of  education,  to  see  that  no  child 
is   prevented   from   receiving   an   education   on   account   of  poverty.     Com. 

(4022-10)  Sec.  10.  [As  to  institution  for  deaf  and  dumb  or  insti- 
tution for  the  blind.]  The  provisions  of  this  act  shall  apply  to  chil- 
dren entitled,  under  existing  statutes,  to  attend  school  at  the  institution 
for  the  deaf  and  dumb  or  the  institution  for  the  blind,  so  far  as  the 
same  are  properly  enforcible.  Truant  officers  shall,  within  sixty  days 
after  the  passage  of  this  act,  and  annually  between  the  first  day  of  July 
and  the  first  day  of  August,  report  to  the  probate  judges  of  their  respec- 
tive counties  the  names,  ages  and  residence  of  all  such  children  between 


152  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

the  ages  of  eight  and  eighteen  years,  with  the  names  and  postoffice  ad- 
dress of  their  parents,  guardians  or  the  persons  in  charge  of  them ;  also  a 
statement  whether  the  parents,  guardian  or  person  in  charge  of  each 
child  is  able  to  educate  and  is  educating  the  child,  or  whether  the  in- 
terests of  the  child  will  be  promoted  by  sending  it  to  one  of  the  state 
institutions  mentioned.  Upon  information  thus  or  otherwise  obtained, 
the  probate  judge  may  fix  a  time  when  he  will  hear  the  question  whether 
any  such  child  shall  be  required  to  be  sent  for  instruction  to  one  of  the 
state  institutions  mentioned,  and  he  shall  thereupon  issue  a  warrant  to 
the  proper  truant  officer  or  some  other  suitable  person,  to  bring  the  child 
before  such  judge  at  his  office  at  the  time  fixed  for  the  hearing;  and 
shall  also  issue  an  order  on  the  parents,  guardian  or  person  in  charge  of 
the  child,  to  appear  before  him  at  such  hearing,  a  copy  of  which  order, 
in  writing,  shall  be  served  personally  on  the  proper  person  by  the  truant 
officer  or  other  person  ordered  to  bring  the  child  before  the  judge.  If, 
on  the  hearing,  the  probate  judge  is  satisfied  the  child  is  not  being  prop- 
erly educated  at  home,  and  will  be  benefited  by  attendance  at  one  of 
the  state  institutions  mentioned,  and  is  a  suitable  person  to  receive  in- 
struction therein,  he  may  send  or  commit  such^^child  to  such  institution. 
The  cost  of  such  hearing,  and  the  transportation  of  the  child  to  such 
institution  shall  be  paid  by  the  county  after  the  manner  provided,  where 
a  child  is  committed  to  a  state  reformatory  under  section  8  hereof ;  pro- 
vided, nothing  in  this  section  contained  shall  be  construed  to  require  the 
trustees  of  either  of  the  state  institutions  mentioned,  to  receive  any 
child  not  a  suitable  subject  to  be  received  and  instructed  therein,  under 
the  laws,  rules  and  regulations  governing  such  institutions.  (90  v.  289 ; 
a6v.  337.  §8.) 

(4022-11)  Sec.  II.  [Penalties;  jurisdiction;  violations  by  cor- 
porations; board  of  county  visitors.]  Any  officer,  principal,  teacher 
or  person  mentioned  in  this  act,  neglecting  to  perform  any  duty  im- 
posed upon  him  by  this  act,  shall  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars  for  each  offense.  Any  officer 
or  agent  of  any  corporation  violating  any  provision  of  this  act, 
who  participates  or  acquiesces  in  or  is  cognizant  of  such  violation, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  fifty 
dollars.  Any  person  who  violates  any  provision  of  this  act  for 
which  a  penalty  is  not  elsewhere  in  this  act  provided,  shall  be 
fined  not  more  than  fifty  dollars.  Mayors,  justices  of  the  peace, 
and  probate  judges  shall  have  jurisdiction  to  try  the  offenses  described 
in  this  act,  and  their  judgment  shall  be  final.  When  complaint  is 
made,  information  filed,  or  indictment  found  against  any  corporation 
for  violating  this  act,  summons  shall  be  served,  appearance  made,  or 
plea  entered,  as  provided  in  section  7231,  Revised  Statutes,  except  that 
in  complaints  before  magistrates,  service  shall  be  made  by  the  constable. 


OHIO   SCHOOL   LAWS.  153 


Schools  and  Attendance  Enforced.  Ch.  9. 

In  every  case  of  complaint  against  a  child  involving  commitment  to  any 
children's  home  or  juvenile  reformatory,  the  board  of  county  visitors 
shall  be  notified  and  must  attend  and  protect  the  interest  of  the  child  on 
the  hearing,  as  provided  in  the  act  of  March  29,  1892  (89  O.  L.,  160)  ; 
and  the  order  of  commitment  of  the  child  to  a  state  reformatory  must 
show  that  the  county  visitors  were  so.notified  and  attended  the  hearing. 
(90  V.  290;  86  V.  338,  §§  II,  12,  13;  87  v.  326,  145.) 

"Private  schools"  include  parochial  schools,  5  C.   C,  638;  AflF'd  by  S.  C. 
The   jurisdiction    here    conferred    is    not    exclusive    but    is   concurrent   with    the    common 
pleas.    Id. 

(4022-12)  Sec.  12.  [Repeated  violations.]  Every  person  who, 
after  being  once  convicted  for  violating  any  of  the  provisions  of  this 
act,  shall  be  convicted  of  again  violating  any  of  the  provisions  of  this 
act,  may,  in  addition  to  the  punishment  by  way  of  a  fine  elsewhere  pro- 
vided for,  be  imprisoned  not  less  than  ten  days  nor  more  than  thirty 
days.  On  complaint,  before  a  mayor  or  justice  of  the  peace,  of  a  sec-* 
ond  violation  of  this  act  involving  the  punishment  of  imprisonment,  if 
a  trial  by  jury  be  not  waived,  a  jury  shall  be  chosen  and  the  case  tried, 
after  the  manner  provided  in  section  3718a,  Revised  Statutes.  (90  v. 
290.)     - 

(4022-13)  Sec.  13.  [Where  law  inoperative,  etc.]  This  law  shall 
not  be  operative  in  any  school  district  where  there  are  not  sufficient 
accommodations  in  the  public  schools  to  seat  children  compelled  to  at- 
tend the  public  schools  under  the  provisions  of  this  act.  It  is  hereby 
made  the  duty  of  every  board  of  education  in  this  state  to  provide  suffi- 
cient accommodations  in  the  public  schools  for  all  children  in  their  dis- 
trict compelled  to  attend  the  public  schools  under  the  provisions  of  this 
act.  Authority  to  levy  the  tax  and  raise  the  money  necessary  for  such 
purpose,  is  hereby  given  the  proper  officers  charged  with  such  duty  under 
the  law.     (90  V.  291.) 

The  provision  of  the  former  act  does  not  require  seating  accommodations  for  children 
attendang   private   schools.    5   C.    C,   638. 

"Each  board  of  education  shall  establish  a  sufficient  number  of  schools  to  provide  for 
the  free  education  of  the  youth  of  school  age  within  the  district  under  its  control";  see  Sec.  4007. 

(4022-14)  Sec.  14.  [Duty  of  state  commissioner  of  common 
schools.]  It  shall  be  the  duty  of  the  state  commissioner  of  common 
schools,  within  sixty  days  after  the  passage  of  this  act,  and  from  time  to 
time  thereafter  whenever  he  may  deem  it  advisable,  to  formulate  and 
forward  to  the  board*  of  education  throughout  the  state,  regulations  and 
suggestions  for  the  instruction  and  guidance  of  all  boards,  officers,  su- 
perintendents, principals,  teachers  and  persons  charged  with  the  enforce- 
ment of  this  act,  or  any  of  its  provisions.     (90  v.  291.) 

This  compulsory  law  is  one  of  the  most  important  educational  measures  of  the  last 
twenty-five  years.  While  the  law,  as  it  now  exists  in  its  amended  form  is  easy  of  interpreta- 
tion,  its  success  will  depend  largely  upon  the  interest  taken   in  it  by  school   superintendents. 


154  OHIO    SCHOOL    LAWS. 

Ch.  9.  Schools  and  Attendance  Enforced. 


teachers    and    boards    of    education.    Teachers    should    never    forget    that    the    treatment    of    the 
pupil  after  he  has  been  compelle'd  to  attend  school   is  a  powerful   factor  in   successfully   carry-, 
ing   out  the   true   spirit   of   this   law.     Com. 
For  forms,   see  Appendix. 

Sec.  4023.  (Repealed  April  15,  1889;  86  v.  333,  338.) 
Sec.  4024.  (Repealed  April  15,  1889;  86  y.  333,  338.) 
Sec.  4025.  [Boards  to  ascertain  condition  of  children  not  at 
school.]  Each  board  of  education  shall  ascertain,  on  the  second  Mon- 
day of  February  and  the  second  Monday  of  September,  or  within 
fifteen  days  thereafter,  each  year,  in  such  manner  as  it  may  deem 
most  expedient,  the  condition  of  all  children  under  fourteen  years 
of  age  within  its  jurisdiction  employed  at  any  daily  labor,  or  who 
are  not  in  attendance  at  any  common  or  private  school,  and  shall 
report  all  violations  of  this  chapter  to  its  clerk,  who  shall  at  once 
proceed  to  prosecute  each  and  every  such  ofifense.     (74  v.  57,  §  3.) 

Sec.  4026.  [Free  school  books.]  That  each  board  of  education 
may  furnish  the  necessary  school  books  free  of  charge,  to  enable  the 
parent  or  guardian,  without  expense  therefor,  to  comply  with  the  re- 
quirements of  this  chapter,  the  same  to  be  paid  for  out  of  the  contingent 
fund  at  the  disposal  of  the  board ;  and  such  levy  each  year,  in  addition 
if  necessary  to  that  otherwise  authorized  by  law,  is  hereby  authorized, 
as  shall  be  necessary  to  furnish  such  school  books  free  of  charge  to 
all  the  pupils  attending  the  public  schools;  but  such  pupils  as  are  al^ 
ready  wholly  or  in  part  supplied  with  necessary  school  books  shall 
be  supplied  free  of  charge  only  as  other  or  new  books  are  needed ;  and 
all  school  books  furnished  as  herein  provided,  shall  be  considered  and 
be  the  property  of  the  district  and  loaned  to  the  pupils  on  such  terms 
and  conditions  as  each  board  may  prescribe.     (91  v.  260;   87  v.  317;   74 

V.  57.  §  4-) 

Sec.  4027.     [Penalties  against  violations  of  preceding  provisions.] 

A  parent,  guardian,  or  other  person,  who  fails  to  comply  with  the  pro- 
visions of  this  chapter,  shall  be  liable  tq  a  fine  of  not  less  than  two  nor 
more  than  five  dollars  for  the  first  offense,  nor  less  than  five  nor  more 
than  ten  dollars  for  each  subsequent  offens^ ;  such  fine  shall  be  col- 
lected by  the  clerk  of  the  board  of  education,  in  the  name  of  the  state, 
in  an  action  before  any  court  having  competent  jurisdiction ;  and  the 
money  so  collected  by  each  clerk  shall  be  paid  to  the  county  treasurer, 
and  be  applied  to  the  use  of  the  common  schools  of  his  district.     (74  v. 

57.  §  5-)  .  ^ 

As  to  the  employment  of  youth  in  mines,   see  Sec.  302;    for  penalty,   see  Sec.  303,    R.   S. 

Sec.  4028.     (Repealed  April  15,  1889;   86  v.  333,  338.) 

Sec.  4029.     [What  is  equivalent  to  attendance  on  day  school.] 

Two  weeks'  attendance  at  half  time  or  night  school,  shall  be  considered, 
within  the  meaning  of  this  chapter,  equivalent  to  an  attendance  of  one 
week  at  a  day  school.     (74  v.  57,  §  7.) 


OHIO    SCHOOL    LAWS.  155 


Schools  and  Attendance  Enforced.  Ch.  9. 


"  boxwell"  law. 

(4029-1)  Sec.  I.  [Examination  for  entering  high  school;  pay- 
ment of  tuition.]  Each  board  of  county  school  examiners  shall  hold 
examinations  of  pupils .  of  the  subdistricts  and  special  districts,  in  the 
subjects  of  orthography,  reading,  writing,  arithmetic,  geography,  Eng- 
lish grammar,  United  States  history,  and  physiology.  Two  such  exam- 
inations shall  be  held  at  such  place  or  places  and  on  such  dates  as  the 
board  of  county  examiners  may  determine,  and  shall  be  of  such  a  char- 
acter as  shall  permit  the  successful  applicants,  upon  the  payment  of  tu- 
ition, to  enter  any  high  school  in  the  county  in  which  the  applicant  re- 
sides, or  in  any  adjoining  county.  The  tuition  of  such  suc- 
cessful applicant  shall  be  paid  by  the  board  of  education  of 
the  township  or  the  special  district  in  which  such  applicant  resides, 
provided  that  there  is  no  high  school  maintained  and  supported  by  the 
township  or  special  district  in  which  such  pupil  resides,  where  such  pupil 
may  attend  without  paying  tuition.  (94  v.  175;  92  v.  198;  91  v.  67; 
89  V.  123.) 

The  term  "high  school"  is  not  defined  by  law,  but  for  the  purposes  of  this  act  the  pre- 
scribed hi^h  school  course  of  study  should  be  for  a  period  of  not  less  than  two  years  and 
should  include  branches  of  study  higher  than  those  enumerated   in  the  above  section.    Com. 

The  law  does  not  definitely  designate  whether  the  graduate  or  board  of  education  has 
the  selection  of  the  school  to  be  attended,  but  as  the  payment  of  tuition  is  made  compulsory 
upon  the  board  of  education,  it  is  reasonable  to  presume  that  the  legislature  intended  to 
confer  this  privilege  on  the  board;  providing  a  high  school  of  recognized  standing  and  con- 
'  veniently  located  is  selected.  In  case  .the  board  fails  to  make  the  necessary  arrangements 
the  graduates   can   undoubtedly   make  their  own   selection   of  a   school.    Com. 

The  tuition  of  graduates  residing  in  a  joint  sub-district  should  be  paid  by  the  board 
of  education  of  the  township  in  which  they  reside.    Com. 

The  parents  should  not  be  required  to  pay  the  tuition  and  then  collect  it  from  their  board 
of  education,   it  should  be  paid  by  one  board  to  the  other.    Com. 

(4029-2)  Sec.  2.  [Township  and  county  commence'ments.]  The 
clerk  of  the  township  board  of  education  shall  provide  for  holding  a 
township  commencement  at  some  place  within  the  township,  and  shall 
appoint  a  teacher  of  the  township  to  have  charge  of  the  same.  At  this 
commencement  each  successful  applicant  shall  be  required  to  deliver  an 
oration  or  declamation,  or  read  an  essay.  The  board  of  county  School 
examiners  shall  provide  for  the  holding  of  a  county  commencement  at 
such  time  and  place  as  they  may  determine.  At  this  commencement  there 
shall  be  delivered  an  annual  address  provided  by  the  county  board  of 
school  examiners,  at  the  conclusion  of  which  a  diploma  shall  be  pre- 
sented to  each  successful  applicant  who  has  complied  with  the  pro- 
visions of  this  act.     (92  V.  198;   91  v.  67;   89  v.  123.) 

(4029-3)  Sec.  3.  [Tuition.]  The  tuition  of  such  graduates  as 
may  attend  any  village  or  city  high  school  of  the  county  may  be  paid 
by  the  board  of  education  of  the  special  or  township  districts  in  which 
such  pupils  may  reside.     (89  v.  123.) 


156  OHIO    SCHOOL    LAWS. 


Ch.  9.  Schools  and  Attendance  Enforced. 

(4029-4)  Sec.  4.  [Compensation  of  examiners  and  contingent  ex- 
penses.] The  compensation  of  the  county  examiners  for  their  official 
services  and  the  necessary  contingent  expenses  incident  to  examinations 
and  commencements,  shall  be  paid  out  of  the  county  treasury  in  manner 
provided  in  section  4075  of  the  Revised  Statutes ;  provided,  however, 
that  the  expense  of  the  township  commencements  shall  be  paid  by  the 
township  board  of  education.     (89  v.  123.) 

Where  special  districts  are  situated  in  a  township  the  expenses  of  the  commencement 
should  be  divided  between  such  districts  and  the  township  district  in  proportion  to  the  num- 
ber  of   graduates    attending    such    commencement.     Com. 

County  examiners  should  receive  reasonable  compensation  for  services  actually  rend- 
ered, this  does  not  necessarily  mean  the  same  compensation  as  that  received  for  county  ex- 
aminations.   Com. 


OHIO   SCHOOL   LAWS. 


157 


Enumeration,  Treasurer  and  Clerk. 


Ch.  10. 


CHAPTER  10. 
ENUMERATION,  TREASURER  AND  CLERK. 


Section. 

4030.  Yearly  enumeration  of  school   youth. 

4031.  How   enumeration   of   school   youth   tak- 

en;  compensation. 

4032.  Enumeration;    return    of. 

4033.  (Repealed.) 

4034.  Enumeration  in  joint  sub-distritts. 

4035.  Clerk   to   transmit   abstract   of   enumera- 

tion  to  county  auditor. 

4036.  When  the  clerk  fails,   auditor  to  act. 

4037.  When   county   line  divides  original   sur- 

veyed  township. 
4088.    When    enumeration    not    taken,    district 
not  entitled  to  school  funds. 

4039.  Auditor    to    furnish    abstract    to    state 

commissioner. 

4040.  Duty   of  state   commissioner  when   enu- 

meration excessive. 

4041.  Penalty  for  making  fraudulent  returns. 

4042.  Treasurer   of    school    funds. 

4043.  Bond  of  treasurer,   and  duties  of  board 

in    reference    thereto. 

4044.  Annual     settlement     by     treasurer     with 

county   auditor. 


Section. 

4045.     Penalty    for    failure    to    make    such    set- 
tlement. 

(Repealed.) 

When    treasurer    may     receive    or    pay 
money. 

Maximum  amount  of  funds  which  treas- 
urer  may   hold. 

Treasurer    to    deliver    money,    etc.,    to 
successor. 

Bond    of   clerk. 

When   order  of  clerk   for   teacher's   pay 
illegal. 

Annual    statistical    report    of    board    of 
education ;    by    whom    prepared. 

Publication    of    receipts    and    disburse-' 
ments  by  clerk. 

Clerk    to    deliver    books,    etc.,    to    suc- 
cessor. 

How    treasurer    and    clerk    to    keep    ac- 
counts. 

Compensation  of  treasurer  and  clerk. 


4046. 
4047. 


4048. 


4049. 


4050. 
4051. 


4052. 


4053. 


4054. 


4055. 


4056. 


ENUMERATION. 

Sec.  4030.  [Yearly  enumeration  of  school  youth.]  There  shall  be 
taken  in  each  district,  annually,  during  the  two  weeks  ending  on  the 
fourth  Saturday  of  May,  an  enumeration  of  all  unmarried  youth,  noting 
sex,  between  six  and  twenty-one  years  of  age,  resident  within  the  district, 
and  not  temporarily  there,  designating  also  the  number  between  six  and 
eight  years  of  age,  the  number  between  eight  and  fourteen  years  of  age, 
the  number  between  fourteen  and  sixteen  years  of  age,  the  number 
between  sixteen  and  twenty-one  years  of  age,  and  the  number  residing 
in  the  western  reserve,  the  Virginia  military  district,  the  United  States 
Military  district,  and  in  any  original  surveyed  township  or  fractional 
township  to  which  belongs  section  sixteen,  or  other  land  in  lieu  thereof, 
or  any  other  lands  for  the  use  of  public  schools,  or  any  interest  in  the 
proceeds  of  such  lands.  (93  v.  312 ;  87  v,  80 ;  85  v.  192 ;  Rev.  Stat.  1880 ; 
71  V.  15,  §  77.) 

Enumeration  in  children's  homes;    see  Sec.  9806,   R.  S. 

At  the  annual  entimeration  of  school  youth  as  required  by  the  provisions  of  Sec.  4080, 
the  ages  of  such  youth  at  the  taking  of  the  enumeration  should  be  returned  and  not  as  of  Sep- 
tember 1st  following.    Att'y.  Gen'l. 

The  youth  enumerated  must  be  actual  residents  of  the  district,  living  with  parents  or 
guardians  or  working  to  support  themselves  by  their  own  labor;  see  Sec.  4013  and  notes  under 
same.    Com. 

Sec.  4031.  [How  enumeration  of  school  youth  taken;  compen- 
sation for  same.]  Each  per.son  required  or  employed  under  this 
chapter  to  take  such  enumeration  shall  take  an  oath  or  affirmation 


158  OHIO    SCHOOL    LAWS. 


Ch.  10.  Enumeration,  Treasurer  and  Clerk. 

to  take  the  same  accurately  and  truly  to  the  best  of  his  skill  and 
ability.  When  making  return  thereof  to  the  proper  officers,  he  shall 
accompany  the  same  with  a  list  of  the  names  of  all  the  youth  so 
enumerated,  noting  the  age  of  each,  and  with  his  affidavit  duly 
certified  that  he  has  taken  and  returned  the  enumeration  accurately 
and  truly  to  the  best  of  his  knowledge  and  belief,  and  that  such 
list  contains  the  names  of  all  the  youth  so  enumerated  and  none 
others.  The  officers  to  whom  such  return  is  required  to  be  made 
may  administer  such  oath  or  affirmation  artd  take  and  certify  such  affi- 
davit, and  shall  keep  in  his  office  for  the  period  of  five  years  such  report 
and  list  of  names,  and  each  person  so  taking  and  returning  the  enumer- 
ation shall  be  allowed  by  the  proper  board  of  education  reasonable  com- 
pensation for  his  services,  which  in  subdistricts  shall  not  exceed  two 
dollars  for  each  person  authorized,  required  or  appointed  to  perform  the 
service.    (1883,  April  19;  80  v.  192;  Rev.  Stat.  1880;  71  v.  15,  §  yy?) 

Sec.  4032.     [Enumeration;  return  of.]     The  director  of  each  sub- 
district  shall  take  the  enumeration  of  his  subdistrict  and  return  the  same 
to  the  clerk  of  the  board  of  education  in  the  manner  prescribed  in  this 
chapter.     (89  v.  97 ;  7°  v.  195,  §  78.)    . 
.  Sec.  4033.     (Repealed,  90  v.  76.) 

Sec.  4034.  [Enumeration  in  joint  subdistricts.]  The  enumera- 
tion of  the  joint  subdistricts  shall  be  taken  by  the  director  of  the 
joint  subdistrict  in  which  the  school  house  of  the  subdistrict  is  situ- 
ate. He  shall  designate  in  his  report  to  the  clerk  the  number  of 
youth  residing  in  the  respective  fractions  of  townships  of  which 
the  subdistrict  is  composed ;  and  the  clerk,  if  such  subdistrict  is 
composed  of  parts  of  two  or  more  counties,  shall  transmit  a  certified 
copy  thereof  to  the  auditor  of  each  county  having  territory  within 
the  subdistrict.  (89  v.  97;  70  v.  195,  §34;  71  v.  15,  ^  JJ  \  ^2  v.  63, 
§36.) 

Where  a  joint  sub-district  is  situated  in  two  or  more  counties  the  auditor  of  the  county  in 
which  the  school  house  of  the  district  is  located  does  not  return  the  enumeration  for  the 
entire  joint  sub-district,  but  only  that  portion  of  the  same  that  is  in  his  county,  the  other 
auditor  or  auditors   making  returns   of  the  youth  living   in   their  counties.     Com. 

Sec.  4035.  [Clerk  to  transmit  abstract  of  enumeration  to  county 
auditor.]  The  clerk  of  each  board  shall,  annually,  on  or  before  the 
first  Saturday  in  August,  make,  and  transmit  to  the  county  auditor, 
an  abstract  of  the  enumeration  by  this  chapter  required  to  be  returned 
to  him,  according  to  the  form  prescribed  by  the  commissioner  of 
common  schools,  with  an  oath  or  affirmation  indorsed  thereon  that 
it  is  a  correct  abstract  of  the  returns  made  to  him  under  oath  or 
affirmation ;  and  the  oath  or  affirmation  of  the  clerk  may  be  admin- 
istered and  certified  by  any  member  of  the  board  of  education,  or 
by  the  county  auditor.  (1888,  April  11:  85  v.  192,  193;  Rev.  Stat. 
1880;   70  V.  195,  §  79.) 


OHIO    SCHOOL    LAWS.  159 


Enumeration,  Treasurer  and  Clerk.  Ch.  10. 

Sec.  4036.  [When  the  clerk  fails,  auditor  to  act.]  If  the  clerk 
of  any  distrtct  fail  to  transmit  such  abstract  of  enumeration  on 
or  before  the  first  Saturday  in  August  the  auditor  shall  at  once 
demand  the  same  from  such  clerk ;  and  in  case  the  enumeration 
has  not  been  taken  as  required  by  this  chapter,  or  the  abstract 
required  be  not  furnished  without  delay,  the  auditor  shall  employ 
competent  persons  to  take  such  enumeration,  who  shall  be  subject 
to  the  legal  requirements  already  specified,  except  that  the  return 
shall  be  made  directly  to  the  auditor,  who  may  administer  to  each 
person  employed  the  oath  or  affirmation  required ;  and  the  auditor 
shall  allow  the  persons  employed  by  him  a  reasonable  compensa- 
tion, to  be  paid  out  of  the  general  county  fund,  and  shall  proceed  to 
recover  the  amounts  so  paid  in  civil  action  before  any  court  having  com- 
petent jurisdiction,  in  the  name  of  the  state,  against  such  clerk  on  his 
bond,  and  the  amount  so  collected  shall  be  paid  into  the  general  county 
fund..  (1888,  April  ii ;  85  v.  192,  193 ;  Rev.  Stat.  1880;  70  v.  195,  §  80.) 

The  returns  should  now  be  made  on  or  before, the  first  Saturday  in  June,  as  the  time 
of  taking  the  enumeration  was  changed  from  July  to  May  without  changing  the  time  fixed 
for  making  returns.     Com. 

4037.  [When  county  line  divides  original  surveyed  township.] 
If  parts  of  an  original  surveyed  township  or  fractional  township  are  sit- 
uate in  two  counties,  the  auditor  of  the  county  in  which  the  smallest  part 
is  situate  shall,  so  soon  as  the  abstracts  of  enumeration  are  received  by 
him  from  the  clerks  of  the  boards  of  education,  certify  to  the  auditor  of 
the  county  in  which  the  largest  part  is  situate  the  enumeration  of  youth 
residing  in  the  part  of  the  township  situate  in  his  county ;  if  parts  of  such 
township  or  fractional  township  are  situate  in  more  than  twd  counties, 
like  certificates  of  enumeration  shall  be  transmitted  to  the  auditor  of  t;he 
county  containing  the  greatest  relative  portion  of  such  township,  by  the 
auditors  of  the  other  counties  containing  portions  thereof ;  when  it  is 
uncertain  which  county  contains  the  greatest  relative  portion  of  such 
township,  such  certificates  shall  be  transmitted  to  the  auditor  of  the 
oldest  county,  by  the  other  auditor  or  auditors ;  and  if  the  land  granted 
by  congress  to  such  township  or  fractional  township  for  the  support  of 
public  schools  has  been  sold,  the  auditor  to  whom  such  certificates  are 
transmitted  shall  notify  the  auditor  of  state,  without  delay,  that  such 
enumeration  has  been 'certified  to  him.     (70  v.  195,  §§  121,  130.) 

This  section  has  nothing  whatever  to  do  with  the  enumeration  returned  by  county  au- 
ditors to  the  state  commissioner  of  common  schools.    Com. 

Sec.  4038.  [When  enumeration  not  taken,  district  not  entitled  to 
school  funds.]  If  an  enumeration  of  the  youth  of  a  district  be  not  taken 
and  returned  in  any  year,  such  district  shall  not  be  entitled  to  receive 
any  portion  of  the  school  funds  distributable  in  that  year  on  the  basis 


160 


OHIO    SCHOOL    LAWS. 


Ch.  10.  Knumeration,  Treasurer  and  Clerk. 

of  enumeration ;  and  it  such  loss  to  a  district  occur  through  the  failure  of 
the  clerk  of  the  board  of  education  of  the  district  to  pepform  the  duty 
required  of  him  by  either  section  four  thousand  and  thirty-two,  or  four 
thousand  and  thirty-five,  he  shall  be  liable  to  the  district  for  the  loss, 
which  may  be  recovered  in  an  action  in  the  name  of  the  state ;  and  the 
money  so  recovered  shall  be  paid  into  the  county  treasury,  and  appor- 
tioned in  the  same  manner  as  the  school  funds  so  lost  would  have  been 
apportioned.    (70  v.  195,  §§  120,  124.) 

Sec.  4039.  [Auditor  to  furnish  abstract  to  state  commissioner.] 
The  auditor  of  each  county  shall  make,  and  transmit  to  the  state  commis- 
sioner of  common  schools,  on  or  before  the  third  Saturday  in  August,  in 
each  year,  on  blanks  to  be  furnished  by  the  commissioner,  an  abstract  of 
the  enumeration  returns  made  to  him,  duly  certified.  (1888,  April  11  ;  85 
v.  192,  193;   Rev.  Stat.  1880;   70  v.  195,  §  81.) 

The  county  auditor  should  be  very  careful  to  return  only  the  youth  living  within  the 
boundaries  of  the  county,  for  enumeration  of  joint  sub-districts,  see  Sec.  4034  and  note 
thereunder.    Com. 

Sec.  4040.  [Duty  of  state  commissioner  when  enumeration  exces- 
sive, etc.]  When  the  state  commissioner  of  common  schools  on  exam- 
ination of  the  enumeration  returns  of  any  district,  is  of  opinion  that  the 
enumeration  is  excessive  in  number,  or  in  any  other  way  incorrect,  he  may 
require  the  same  to  be  retaken  and  returned,  and  if  he  think  it  necessary 
he  may  for  this  purpose  appoint  persons  to  perform  the  service,  who 
shall  take  the  same  oath,  perform  the  same  duties,  and  receive  the  same 
compensation,  out  of  the  same  funds,  as  the  person  or  persons  who  took 
the  enumeration  in  the  first  instance,  and  the  school  fund  distributable  in 
proportion  to  enumeration  shall  be  distributed  upon  the  corrected  returns. 
(70  V.  195,  §  75.) 

Sec.  4041.  [Penalty  for  making  fraudulent  returns.]  An  officer 
through  whose  hands  the  enumeration  required  by  this  chapter  to  be 
returned  passes,  who,  by  percentage  or  otherwise,  adds  to  or  takes  from 
the  number  actually  enumerated,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  of  such  oflfense,  shall  be  fined  in  any  sum 
not  less  than  five  nor  more  than  one  thousand  dollars,  or  imprisoned  in 
the  county  jail  not  less  than  ten  nor  more  than  thirty  days,  at  the  dis- 
cretion of  the  court.    (70  v.  175,  §  75.) 

TREASURER   AND   CLERI^. 

Siec.  4042.  [Treasurer  of  school  funds.]  In  each  city  district  the 
treasurer  of  the  city  funds  shall  be  ex-officio  treasurer  of  the  school  funds  ; 
but  if  the  county  treasurer  is  treasurer  of  the  city  funds  the  board  of 
education  may  appoint  one  of  its  members  treasurer,  who  shall  not 
receive  any  compensation  for  his  services;  in  each  township  district  the 


OHIO   SCHOOL   LAWS.  161 


Enumeration,  Treasurer  and  Clerk.  Ch.  10. 

treasurer  of  the  township  funds  shall  be  ex-officio  treasurer  of  the  school 
funds;  and  in  each  village  and  special  district  the  board  of  education 
shall  choose  its  own  treasurer,  whose  term  of  office  shall  be  for  one  year, 
beginning  on  the  first  day  of  September.  (1888,  April  1 1 ;  85  v.  192,  193 ; 
Rev.  Stat.  1880;  70  v.  24,  §  44.) 

Sec.  21.  The  state,  any  county,  township,  municipal  cor- 
poration, or  school  board,  shall  not  be  precluded  by  the  illegal  loan 
or  deposit  by  any  officer  or  agent  of  public  money,  funds,  prop- 
erty, bonds,  securities,  or  assets,  belonging  to  it,  from  suing  for 
and  recovering  the  same;  and  such  suit  shall  not  be  held  to  be  an 
adoption  or  satisfaction  of  such  illegal  transaction. 
Township  treasurer  shall  be  present  at  the  regular  meeting  of  the  township  trustees  ia 
March;    see   Sec.    U58,    R.   S. 

Embezzlement   of    school    funds,    penalty;     see    sections   6841,    6846,    R.    S. 
What   is   prima   facie   evidence   of   embezzlement   by    public   officers;     see    Sec.    7299,    R.    S. 
Township  trustees  have  no  authority  to  release  a  treasurer  from  his  liability  for  any  por- 
tion of  the  school  fund  belonging  to  the  township.    13  O.  4!>5. 

A  city  treasurer,  being  ex-offlcio  treasurer  of  the  school  fund,  for  which  he  cannot 
have  compensation  (Sec  4056),  and  is  required  to  serve  until  his  successor  is  qualified,  his 
successor  qualified  as  city  treasurer,  but  failed  for  five  months  to  qualify  as  school  treasurer, 
during  which  time  the  school  board  refused  to  release  him  and  required  him  to  continue, 
which  he  did,  held,  he  cannot  have  compensation.  If  he  was  city  treasurer  during  that  time 
the  law  denies  compensation;  if  he  was  not,  his  holding  the  school  funds  was  an  unlawful  act. 
9  B.  182. 

Sec.  4043.  [Bond  of  treasurer;  additional  sureties  or  new  bond.] 
Each  school  district  treasurer  or  county  treasurer  who  is  ex  officio  trea- 
surer of  a  school  district,  shall,  before  entering  upon  the  duties  of  his 
office,  execute  a  bond,  with  sufficient  sureties,  in  double  the  probable 
amount  of  school  funds  that  may  come  into  his  hands,  payable  to  the 
state  of  Ohio,  to  be  approved  by  the  board  of  education,  conditioned  for 
the  faithful  disbursement,  according  to  law,  of  all  such  funds  which  come 
into  his  hands ;  and  he  may  at  any  time  thereafter  be  required  to  give 
additional  sureties  on  his  Accepted  bond  or  to  execute  a  new  bond  with 
sufficient  sureties  to  the  approval  of  the  board  of  education  whenever 
the  said  board  of  education  deem  it  necessary,  and  if  said  treasurer  shall 
fail  for  ten  days  after  service  of  notice  in  writing  of  such  requisition, 
to  give  bond  or  additional  sureties  as  aforesaid  as  required  by  said 
board,  the  office  shall  be  considered  and  declared  vacant  and  shall  be 
filled  as  in  other  cases.  Every  bond,  when  so  executed  and  approved, 
shall  be  filed  with  the  clerk  of  the  board  of  education  of  the  district,  and  re- 
corded, who  shall  cause  a  certified  copy  thereof  or  the  names  of  additional 
sureties,  to  be  filed  with  the  county  auditor  without  delay,  and  such  board 
at  the  time  of  the  approval  of  any  bond  or  sureties,  shall  require  the  treas- 
urer of  the  school  funds  to  produce  all  money,  bonds  or  other  securities  in 
his  hands  as  such  treasurer,  and  the  same  shall  be  then  counted  by  the 
board  or  a  committee  thereof,  in  the  presence  of  the  clerk  of  the  board, 
who  shall  thereupon  enter  upon  the  records  of  the  board,  a  certificate, 
setting  forth  the  exact  amount  of  money  or  securities  so  found  in  the 
hands  of  such  treasurer,  which  record  shall  be  signed  by  the  president 
11    S.  L. 


162  OHIO    SCHOOL    LAWS. 


Ch,  10.  Enumeration,  Treasurer  and  Clerk. 

and  clerk  of  the  board  and  shall  be  prima  facie  evidence  that  the  amount 
therein  stated  was  actually  in  the  treasury  at  that  date.  (92  v.  210;  70 
V.  195,  §§46,  82;  76  V.  16,  §  I.) 

Release   of   surety   of  treasurer   of   school   fund;     see   Sec.   5841,    R.    S. 

Upon  release  of  surety  new  bond  to  be  required  by  board  of  education;    see  Sec.  5842,   R.  S. 

In  an  action  against  a  surety  on  a  township  treasurer's  school  bond,  conditioned  for 
the  faithful  disbursement  of  school  moneys,  a  judgment  for  defendant  will  not  be  reversed, 
when  the  pleadings  and  evidence  show  a  default  by  the  treasurer  only  as  to  "township  funds" 
^in  general  items,  without  specifying  that  any  part  thereof  was  school  money.    16  O.  S.,  17. 

See  13  O.,   495,   under  Sec.   4042. 

A  treasurer  who  is  his  own  successor  must  give  a  new  bond  for  the  term  to  which  he  is 
re-elected.  His  former  bondsmen  will  not  be  liable  for  defaults  committed  within  the  term 
for  which  he  is  re-elected.  Their  liability  ceased  with  the  expiration  of  his  former  term  of 
office.    7  O.,  2d  pt,  221. 

In  case  the  treasurer  of  a  city  district  fails  to  give  bond,  his  office  may  be  declared 
vacant  by  the  city  council.  See  section  1740,  R.  S.  Should  a  treasurer  present  his  bond  after 
the  time  prescribed  for  tendering  it,  and  should  such  bond  be  accepted,  would  undoubtedly 
be  held  good.    25  O.   S.,   567. 

Bonds  must  be  accepted  within  a  reasonable  time.    31  O.   S.,   451. 

A  permit  by  a  board  of  education  to  its  treasurer  to  use  public  moneys  in  his  business 
on  interest  and  with  security  for  its  return  is  an  illegal  contract  and  the  sureties  may  set  up 
the  illegality.  The  board  cannot  enforce  a  promise  whose  consideration  is  the  illegal 'loan. 
33  O.  S.,  321. 

A  school  district  treasurer's  bond  to  disburse  all  such  funds  as  come  to  his  hgnds,  in- 
cludes drafts  and  certificates  of  deposit  taken  by  him  as  cash,  which  would  have  been  paid 
on  presentation.    89  O.  S.,  6.35. 

Sec.  4044.     [Annual  settlement  by  treasurer  with  county  auditor.] 

The  treasurer  shall,  annually,  within  the  first  ten  days  of  September, 
settle  with  the  county  auditor  for  the  preceding  school  year,  and  for  that 
purpose  shall  make  a  certified  statement  showing  the  amount  of  money 
received,  from  whom,  and  on  what  account,  and  the  amount  paid  out, 
and  for  what  purpose ;  he  shall  produce  vouchers  for  all  payments  made ; 
if  the  auditor,  on  examination,  find  the  statement  and  vouchers  to  be 
correct,  he  shall  give  the  treasurer  a  certificate  of  the  fact,  which  shall, 
prima  facie,  be  a  discharge  of  the  treasurer  for  the  money  paid ;  and 
for  making  such  settlement  he  shall  be  entitled  to  receive  the  sum  of  one 
dollar,  and  also  five  cents  per  mile  for  traveling  to  and  from  the  county 
seat,  to  be  paid  out  of  the  county  treasury,  on  the  order  of  the  county 
auditor.  When  the  treasurer's  term  begins  on  the  first  day  of  September 
the  annual  settlement  shall  be  made  by  the  outgoing  treasurer.  (92 
V.  58;  85  V.  192,  194;  Rev.  Stat.  1880;  71  v.  9,  §  47.) 

If  it  is  evident  to  the  county  auditor  that  the  school  moneys  have  been  illegally  paid 
out,  as  they  would  be  if  paid  to  any  member  of  a  board  of  education  on  any  contract  with 
such  board,  or  as  an  employee  thereof,  it  is  his  duty  to  refuse  the  treasurer  credit  for  the 
same.  If  moneys  have  been  paid  from  the  wrong  fund,  as  from  the  school  fund,  when  the 
law  says  it  must  be  township  fund,  the  auditor  must  not  allow  credit  to  such  orders.  He 
should  insist  on  their  correction  by  the  board,  or  correct  them  himself  by  proper  debit  and 
credit.  No  voucher  should  be  received  by  the  auditor  which  he  has  reason  to  believe  a  court 
of  law  would  reject.  No  paper  is  a  voucher  for  the  payment  of  money  to  A,  which  has  not 
A's  receipt  on  it,  or  accompanying  it.  An  or-der  properly  made  out,  but  merely  marke'd 
"paid"  by  the  treasurer,   is  not  a  receipt.    See   section  4047.     Com. 

Sec.  4045.  [Penalty  for  failure  to  make  such  settlement.]  If  the 
treasurer  of  any  school  district  wilfully  or  negligently  fail  to  make  such 


OHIO   SCHOOL    LAWS.  163 


Enumeration,  Treasurer  and  Clerk.  Ch.  10. 


annual  settlement  within  the  time  prescribed  in  the  preceding  section, 
he  shall  be  liable  to  pay  a  fine  of  fifty  dollars,  to  be  recovered  in  a 
civil  action  in  the  name  of  the  state ;  which  amount,  when  collected,  shall 
be  paid  into  the  county  treasury,  and  shall  be  applied  to  the  use  of 
common  schools  in  his  district;  and  the  county  auditor  shall  proceed 
forthwith,  in  case  of  such  failure,  to  recover  the  penalty,  by  suit  against 
such  treasurer,  before  any  justice  of  the  peace  of  his  county.  (71  v. 
9,  §  47-) 

Cited,   2   C.    C,    475;     9   C.    C.    13;    2   O.    D.,    152. 

Sec.  4046.     (Repealed  April  ii,  1888;  85  v.  192,  196.) 

Sec.  4047.     [When  treasurer  may  receive  or  pay  money.]     No 

treasurer  of  a  school  district,  except  in  cases  otherwise  provided  for  in  this 
title,  shall  pay  out  any  school  money  except  on  an  order  signed  by  the 
prt»sident  and  countersigned  by  the  clerk  of  the  board  of  education ;  and 
no  money  shall  be  paid  to  the  treasurer  of  a  district,  other  than  that 
received  from  the  county  treasurer,  except  upon  the  order  of  the  clerk 
of  the  board,  who  shall  report  the  amount  of  such  miscellaneous  receipts 
to  the  county  auditor  each  year,  immediately  preceding  such  treasurer's 
settlement  with  the  auditor.     (71  v.  15,  §  83.) 

A  board  of  education  has  capacity  to  sue  its  treasurer  for  money  received  and  not  ac- 
counted for.  The  remedy  is  not  limited  to  an  action  on  the  bond,  but  may  be  for  money 
had  and  received.    51  O.  S.,  115. 

Orders  drawn  by  a  board  of  education  on  its  treasurer  do  not  require  a  revenue  stamp. 
Com. 

The  treasurer  should  not  pay  an  order  for  what  he  believes  to  be  an  illegral  object,  until 
he  can  consult  with  other  members  of  the  board,  and  have  the  question  fully  investigated. 
A  man  of  discretion  is  supposed  to  be  chosen  to  this,  as  to  other  offices,  that  the  chances 
for  discovering  errors  and  fraud  may  be  multiplied.     Com. 

Sec.  4048.  [Maximum  amount  of  funds  which  treasurer  may 
hold.]  The  auditor  shall  in  no  case  permit  the  treasurer  of  a  school 
district  to  have  in  his  hands,  at  any  time,  an  amount  of  school  funds 
over  one-half  the  amount  of  the  penalty  in  the  bond  of  the  treasurer; 
and  before  giving  such  treasurer  any  order  for  school  funds,  he  shall 
require  the  treasurer  to  file  with  him  a  statement,  to  be  furnished 
by  the  clerk  of  the  board  of  education  whenever  necessary  for  the 
purpose,  showing  the  amount  of  funds  in  the  treasurer's  hands  ac- 
cording to  the  clerk's  books.     (70  v.  195,  §  84.) 

Payment   of  school   treasurers;    see  Sec.   1122,    R.   S. 

Sec.  4049.  [Treasurer  to  deliver  money,  etc.,  to  successor.]  At 
the  expiration  of  his  term  of  service  each  treasurer  shall  deliver  to  his 
successor  in  office  all  books,  papers,  money,  and  other  property  in  his 
hands  belonging  to  the  district,  and  take  duplicate  receipts  of  his 
successor  therefor,  one  of  which  he  shall  deposit  with  the  clerk  of  the 
board  of  education  within  three  days  thereafter.  (1888,  April  11 :  85  v. 
192,  194;  Rev.  Stat.  1880;  71  v.  9,  §  47.) 

Penalty  for  failure  or  refusal  to  pay  over  public  money;    see  Sec.  7200,   R.  S. 


164  OHIO    SCHOOL    LAWS. 


Ch.  10.  Enumeration,  Treasurer  and  Clerk. 

Sec.  4050.  [Bond  of  clerk.]  The  clerk  of  each  board  of  educatioa 
shall  execute  a  bond,  in  an  amount  and  with  surety  to  be  approved  by 
the  board,  payable  to  the  state  of  Ohio,  conditioned  that  he  shall  per- 
form faithfully  all  the  ofificial  duties  required  of  him ;  which  bond  shall  be 
deposited  with  the  president  of  the  board,  and  a  copy  thereof,  certified  by 
the  president  of  the  board,  shall  be  filed  with  the  county  auditor.  (70 
V.  195,  §  45-) 

Township  clerk  is  authorized  to  administer  oaths  connected  with  school  affairs;  see 
Sec.   1505,    R.    S. 

Sec.  4051.  [When  orders  of  clerk  for  teachers'  pay  illegal.]  It 
shall  be  unlawful  for  the  clerk  of  a  board  to  draw  an  order  on  the  trea- 
surer for  the  payment  of  a  teacher  for  services  until  the  teacher  files  with 
him  such  reports  as  are  required  by  the  state  commissioner  of  common 
schools  and  the  board  of  education,  a  legal  certificate  of  qualification^ 
or  a  true  copy  thereof,  covering  the  entire  time  of  the  service,  and  a 
statement  of  the  branches  taught ;  but  orders  may  be  drawn  for  the  pay- 
ment of  special  teachers  of  drawing,  painting,  penmanship,  music,  gym- 
nastics, or  a  foreign  language,  on  presentation  of  a  certificate  to  the 
clerk,  signed  by  a  majority  of  the  examiners,  and  the  filing  with  him 
of  a  true  copy  thereof,  covering  the  time  for  which  the  special  teacher 
has  been  employed,  and  the  specialty  taught.     (70  v.  195,  §§  53,  94.) 

See  sections  4016,  4074. 

The  provision  in  the  act  of  March  18,  1864,  that  no  person  shall  be  "employed"  as 
a  teacher  unless  he  has  first  obtained  the  certificate  required  by  law,  does  not  render  in- 
valid a  contract  for  employment  made  with  the  teacher  before  he  obtains  the  requisite  certificate, 
provided  he  obtain  it  before  entering  upon  the  duties  of  his  employment.    22  O.  S.,  194. 

See  2  C.  C,  475,  under  4018. 

See  12  C.  C,  247,  under  Sec.  4074. 

An  order  drawn  by  the  clerk  of  the  board  of  education,  under  the  statute,  in  favor  of 
a  third  person  or  bearer,  on  the  township  treasurer,  is  not  negotiable,  and  a  purchaser  takes 
such  order  subject  to  the  same  defenses  that  could  be  made  against  it  in  the  hands  of  the 
payee     22   O.   S.,   144. 

Ine  written  acceptance  of  such  order  by  the  predecessor  of  the  township  treasurer,  to 
whom  it  was  presented  for  payment,  imposes  no  greater  obligation  on  the  latter  to  pay  the 
same,  than  he  would  have  been  under  had  it  been  presented  without  such  acceptance.     Id. 

Not  only  the  teacher,  but  each  member  of  the  board  of  education  is  severally  liable 
for  the  repayment  of  money  paid  under  their  vote  and  order,  to  a  teacher  who  does  not  hold  a 
certificate  covering  each  and  every  branch  taught.  The  same  rule  applies  to  all  payments 
made  to  teachers  before  reports  required  by  law,  by  the  .State  Commissioner  of  Common 
Schools,  and  by  the  board  of  education,  have  been  made.     Com. 

An  assistant  teacher  who  has  not  a  legal  certificate  cannot  be  paid  through  an  order 
drawn  in  favor  of  another  teacher  who  had  a  certificate,  nor  can  any  uncertificated  teacher,  who 
is  employed  as  a  substitute,  receive  pay  through  another  teacher.     Com. 

The  term  "entire  time  of  service,"  as  used  in  this  section,  refers  to  the  time  of  ser- 
vice covered  by  the  order  to  be  drawn,  not  to  the  entire  time  of  Employment.     Com. 

Sec.  4052.  [Annual  statistical  report  of  board  of  education;  by 
whom  prepared.]  The  clerk  of  each  board  shall  prepare  the  annual  re- 
port of  the  receipts  and  expenditures  of  school  money,  and  the  statistical 
statement  in  reference  to  the  schools,  required  of  the  board  by  section 
forty  hundred  and  fifty-seven,  and  transmit  the  same  to  the  county  auditor 
on  or  before  the  first  day  of  September;  provided,  that  in  each  school 


OHIO   SCHOOL   LAWS.  165 


Enumeratiou,  Treasurer  aud  Clerk.  Ch.  10. 

district  having  a  superintendent  of  schools,  except  city  districts  of  the 
first  class,  the  annual  report,  except  the  receipts  and  expenditures  of 
money,  shall  be  made  by  the  superintendent.  (1888,  April  ii :  85  v.  192, 
194;  Rev.  Stat.  1880;  70  v.  195,  §  82.) 

Penalty  for  not  making  report;    see  Sec.  4061,  4062. 

The  board  of  education  should  see  that  the  reports  required  by  this  section  are  filed 
before  allowing  compensation  to  tne  clerk   for  his   services.    Com. 

Sec.  4053.  [Publication  of  receipts  and  disbursements  by  clerk.] 
The  board  of  education  of  each  district,  except  city  districts  of  the  first 
class,  shall  require  the  clerk  of  the  board  annually,  ten  days  prior  to  the 
election  for  members  of  the  board  and  directors  of  subdistricts,  to  pre- 
pare, and  post  at  the  place  or  places  of  holding  such  elections,  or  publish 
in  some  newspaper  of  general  circiilation  in  the  district,  an  itemized  state- 
ment of  all  money  received  and  disbursed  by  the  treasurer  of  the  board 
■within  the  school  year  last  preceding.     (70  v.  195,  §  66.) 

Sec.  4054.  [Clerk  to  deliver  books,  etc.,  to  successor.]  Each  clerk 
shall,  at  the  expiration  of  his  term  of  office,  deliver  to  his  successor  all 
books  and  papers  in  his  hands  relating  to  the  affairs  of  his  district,  in- 
cluding certificates,  and  copies  thereof,  and  reports  of  school  statistics, 
filed  by  teachers.     (70  v.  195,  §  84.) 

Sec.  4055.  [How  treasurer  and  clerk  to  keep  accounts.]  The  aud- 
itor of  each  county  shall  furnish  to  the  clerk  and  treasurer  of  each  school 
district  in  his  county  a  suitable  blank  book,  made  according  to  the  form 
prescribed  by  the  commissioner  of  common  schools,  in  which  each  shall 
keep  an  account  of  the  school  funds  of  his  district;  the  clerk's  account 
shall  show  the  amounts  certified  by  the  county  auditor  to  be  due  the 
district,  all  sums  paid  to  the  treasurer  from  other  sources  on  his  order, 
and  all  orders  drawn  by  him  on  the  treasurer,  and  upon  what  funds  and 
for  what  purposes  drawn ;  the  treasurer's  accounts  shall  show  the  amounts 
received  from  the  county  treasurer,  all  sums  received  from  other  sources 
on  the  order  of  the  clerk,  and  the  amounts  paid  out,  and  from  what  funds 
and  for  what  purposes  paid ;  and  a  separate  account  of  each  fund  shall  be 
kept,  and  each  account  shall  be  balanced  at  the  close  of  the  school  year, 
and  the  balance  in  the  treasurer's  hands  belonging  to  each  fund  shown. 
<70v.  195;  §84.) 

Sec.  6846.  A  member  of  the  council  or  board  of  aldermen 
of  any  municipal  corporation,  or  an  offlcer,  agent,  clerk,  or  ser- 
vant, of  such  corporation,  or  of  any  board  or  department  thereof, 
or  any  officer,  agent,  clerk,  or'  servant,  of  any  board  of  educa- 
tion, who,  knowingly,  diverts,  appropriates,  or  applies,  any  funds, 
or  a  part  of  any  fund,  raised  under  any  law,  by  taxation  or  other- 
wise, to  any  other  use  or  purpose  than  that  for  which  it  was 
raised  or  appropriated,  or  who,  knowingly,  diverts,  appropri- 
ates, or  applies,  any  money  borrowed,,  or  any  bond  of  the  cor- 
poration, or  any  part  of  the  proceeds  of  such  bond,  to  any  other 
use  or  purpose  than  that  for  which  such  loan  was  made,  or  bond 
issued,  shall  be  deemed  guilty  of  embezzling  the  amount  so  di- 
verted, appropriated,  or  applied,  and  punished  accordingly. 


166  OHIO    SCHOOL    LAWS. 


Ch.  10.  Enumeration,  Treasurer  aud  Clerk. 

Sec.  4056.  [Compensation  of  treasurer  and  clerk.]  The  board  of 
education  may  fix  the  compensation  of  clerk  and  treasurer ;  the  allowance 
made  to  the  treasurer  shall  not  exceed  one  per  centum  of  the  money  dis- 
bursed by  him  on  orders  of  the  board;  but  the  treasurers  of  township  dis- 
tricts shall  be  allowed  as  compensation  one  per  centum  on  all  school  funds 
disbursed  by  them ;  and  both  clerks  and  treasurers  shall  be  paid  out  of  the 
contingent  fund,  on  the  order  of  the  board  of  education,  but  treasurers  of 
city  districts  shall  not  be  allowed  compensation  for  disbursing  the  school 
funds ;  but  before  such  order  for  pay  of  treasurer  shall  be  made  he  shall 
present  to  the  board  the  auditor's  certificate  of  discharge  provided  for  in 
section  four  thousand  and  forty-four.  Revised  Statutes,  and  before  such 
order  for  pay  of  clerk  shall  be  made  he  shall  present  to  the  board  a  state- 
ment, officially  signed  and  certified  by  the  auditor,  that  he  has  returned  all 
the  reports  of  statistics  for  that  year  required  by  this  title.      ( 1888,  April 

11:   85  V.  192,  194;   80  V.  95;   Rev.  Stat.  1880;   70  v.  195,  §  49.) 

t 

The  compensation  provided  for  the  township  clerk  under  this  section  is  not  to  be  included 
in  the  one  hundred  and  fifty  dollar  limit  of  Sec.  1531.    .\ttorney  General.  , 

No  compensation  should  be  allowed  to  clerk  or  treasurer  until  after  all  reports  required 
by  law  are  filed.    Com. 


OHIO    SCHOOL    LAWS. 


167 


Reports. 


Ch.  11. 


.NIVERSITT 
*SCCAUFOR!Ji> 


CHAPTER  11. 

REPORTS. 


Section. 

•4057.    Annual    report    by    board   of   education; 
its   contents. 
In  what  form  to  be  made,   etc. 
Reports   by   superintendents   and   teach- 
ers. 
Duties   of   county    auditor   as   to   school 
statistics,    etc. 


•.058. 
1059. 


WW. 


Sbction. 

4061.    Penalties  aitaintt  auditor  and  clerk. 

When    auditor    to    appoint    person 
make  report. 

Further    penalties    against    auditor. 

Compensation   of   auditor. 


4002. 


406S. 
4064. 


Sec.  4057.  [Annual  report  of  board  of  education;  its  contents.] 
The  board  of  education  of  each  district  shall  make  a  report  to  the 
county  auditor,  on  or  before  the  first  day  of  September  in  each 
year,  containing  a  statement  of  the  receipts  and  expenditures  of 
the  board,  the  number  of  schools  sustained,  the  length  of  time 
such  schools  were  sustained,  the  enrollment  of  pupils,  the  average 
monthly  enrollment,  and  average  daily  attendance,  the  number  of 
teachers  employed,  and  their  salaries,  the  number  of  school  houses 
and  school  rooms,  and  such  other  items  as  the  commissioner  of 
common  schools  may  require.  (1888,  April  11:  85  v.  192,  195;  Rev. 
Stat.  1880;   70  V.  195,  §  75;   S.  &  C.  1353.) 

Penalty  for  not  making  report,   see  Sees.  4061  and  4062. 

Sec.  4058.  [In  what  form  to  be  made,  etc.]  The  report  shall  be 
made  on  blanks  which  shall  be  furnished  by  the  commissioner  of  common 
schools  to  the  auditor  of  each  county,  and  by  the  auditor  to  each  school 
clerk  in  his  county;  and  each  board  of  education,  or  officer  or  employe 
thereof,  or  other  school  officer  in  any  district  or  county,  shall,  whenever  the 
commissioner  so  requires,  report  to  him  direct,  upon  such  blanks  as  he 
shall  furnish,  any  statements  or  items  of  information  that  he  may  deem  im- 
portant or  necessary.      (70  v.   195.  §  75.) 

Sec.  4059.  [  Reports  by  superintendents  and  teachers.  ]  Boards  of 
education  shall  require  all  teachers  and  superintendents  to  keep  the  school 
records  in  such  manner  that  they  may  be  enabled  to  report  annually  to  the 
county  auditor,  as  required  by  the  provisions  of  this  title,  and  may  with- 
hold the  pay  of  such  teachers  as  fail  to  file  with  the  clerk  the  reports  re- 
quired of  them ;  they  may  require  superintendents  to  report  each  year 
such  matters  as  they  deem  important  or  necessary  for  information  in  re- 
gard to  the  management  and  conduct  of  the  schools,  and  to  make  such 
suggestions  and  recommendations  as  they  may  deem  advisable  relative  to 
methods  of  instruction,  school  management,  or  other  matters  of  educa- 
tional interest ;  and  the  board  of  each  city  district  of  the  first  class  shall 
prepare  and  publish,  annually,  a  report  of  the  condition  and  administra- 
tion of  the  schools  under  its  charge,  and  include  therein  a  complete  exhibit 
of  the  financial  affairs  of  the  district.     (70  v.  195,  §  76.) 


168  OHIO    SCHOOL    LAWS. 


Ch.  11.  Reports. 


All  blanks  required  by  board  of  education,  superintendents  and  teachers  in  making 
the  reports  required  by  law  are  sent  to  the  county  auditors  to  be  distributed  by  them  to  the 
clerks  of  the  boards  of  education;   see  Sec.   4058.    Com. 

Sec.  4060.  [Duties  of  county  auditor  as  to  school  statistics,  etc.] 
The  auditor  of  each  county  shall,  on  or  before  the  twentieth  day  of  Sep- 
tember, annually,  prepare,  and  transmit  to  the  commissioner  of  common 
schools  an  abstract  of  all  the  returns  of  school  statistics  made  to  him  from 
the  several  districts  in  his  county,  according  to  the  form  prescribed  by 
the  commissioner,  and  a  statement  of  the  condition  of  the  institute  fund, 
and  such  other  facts  relating  to  schools  and  school  funds  as  the  commis- 
sioner may  require ;  he  shall  also  cause  to  be  distributed  all  such  circulars, 
blanks,  and  other  papers,  including  school  laws  and  documents,  in  the 
several  school  districts  in  the  county,  as  the  commissioner  may  lawfully 
require;  and  if  the  auditor  neglect  to  prepare  and  return  any  of  the  ab- 
stracts or  reports  herein  required  the  county  commissioners  shall  withhold 
from  him  all  compensation  for  his  services  under  this  title.  (1888,  April 
11:85  V.  192,  195;  Rev.  Stat.  1880;  70  V.  195,  §  123;  S.  &  S.  705.) 

Sec.  4061.  [Penalties  against  auditor  and  clerk.]  The  auditor 
shall  also  be  liable  on  his  bond  for  any  such  neglect,  in  a  sum 
not  less  than  three  hundred  nor  more  than  one  thousand  dollars, 
on  complaint  of  the  commissioner  of  common  schools ;  and  if  the 
clerk  of  the  board  of  education  of  any  district  fail  to  make  the 
annual  returns  of  school  statistics  required  by  this  title,  to  the 
county  auditor,  he  shall  be  liable  on  his  bond  in  a  sum  not  less 
than  fifty  nor  more  than  three  hundred  dollars,  on  complaint  of 
the  county  auditor,  or  of  the  board  of  education,  to  be  recovered  in  a 
in  a  civil  action  in  the  name  of  the  state,  and  when  collected  to  be  paid  into 
the  county  treasury,  and  applied  to  the  use  of  common  schools  in  such  dis- 
trict.    (70  v.  195,  §  123;  S.  &  S.  706.) 

Sec.  4062.  [When  auditor  to  appoint  person  to  make  report.] 
Upon  the  neglect  or  failure  of  the  clerk  of  the  board  of  education 
of  any  district  to  make  the  reports  required  in  this  title,  and  by 
the  time  specified,  the  county  auditor  shall  appoint  some  suitable 
person,  resident  of  the  district,  to  make  such  reports,  who  shall  < 
receive  the  same  compensation  therefor,  and  in  the  same  manner, 
as  is  allowed  by  law  for  like  services.     (70  v.  195,  §  123  ;   S.  &  S.  706.) 

Sec.  4063.  [Further  penalties  against  auditor.]  A  county  au- 
ditor who  wilfully  or  negligently  fails,  in  any  year,  to  transmit  to 
the  commissioner  of  common  schools  the  abstract  of  enumeration 
required  by  section  forty  hundred  and  thirty-nine,  or  to  perform  any 
other  duty  required  of  him  under  this  title,  shall  be  liable  on  his 
bond  to  the  extent  of  twice  the  sum  lost  to  the  school  districts  of 
his  county  in  consequence  of  such  failure,  which  sum  shall  be  re- 


OHIO   SCHOOL   LAWS. 


169 


Reports.  Ch.  11. 


covered  in  a  civil  action  against  him,  on  his  bond,  in  the  name  of 
the  state,  before  any  court  of  competent  jurisdiction ;  and  the  money 
so  recovered  shall  be  paid  into  the  county  treasury,  for  the  benefit 
of  such  (districts,  and  apportioned  in  the  same  manner  as  the  school 
funds  so  lost  would  have  been  apjwrtioned.     (70  v.  195,  §§  81,  124.) 

Sec.  4064.  [Compensation  of  auditor.]  The  commissioners  of 
each  county  shall  allow  the  county  auditor,  annually,  a  reasonable  com- 
pensation for  his  services  under  this  title,  not  to  exceed  five  dollars 
for  each  city,  village,  special,  and  township  school  district  in  his  county, 
to  be  paid  out  of  the  county  treasury ;  but  before  such  allowance  shall 
be  made  for  any  year  the  auditor  shall  present  to  the  commissioners  a 
statement,  officially  certified  and  signed  by  the  commissioner  of  com- 
mon schools,  that  he  has  transmitted  to  the  commissioner  all  reports  and 
returns  of- statistics  for  that  year  required  by  this  title.     (70  v.  195,  §  125.) 


170 


OHIO    SCHOOL    LAWS. 


Ch.  12. 


Boards  of  Examiners. 


CHAPTER  12. 

BOARDS  OF  EXAMINERS. 


Section. 

4065, 


appointment; 


4066. 


4067. 


4068. 


4069. 


4070. 

4071. 

4071O. 

4072. 

4073. 


4074. 


Section. 

4075.        Compensation   and  expenses  of  board. 

Annual  report  of  clerk,   and  his  bond. 

Boards   of   city   districts    of    first   class. 

Standard  of  qualification  for  teachers; 
examinations  of  schools;  law  gov- 
erning board  in  examining  teach- 
ers; special  examiners;  their  oath; 
duty   of  school   superintendents. 

Organization  of  board;   bond  of  clerk. 

Meetings   for  examination;   notice. 

Examination    fee;    granting   and   revo- 
cation   of    certificates;    investigation 
of  teachers. 
4081-1.    Granting    of    life    certificates    in    Cin- 
cinnati. , 

Compensation  of  examiners;  inci- 
dental   expenses. 

City  and  village  examiner;  duties  of 
clerk;   disposition   of  fees. 

Boards    of    school    examiners    for   city 
districts,    second   class,    and   village 
districts. 
4085.       Who   ineligible   as   examiner. 


4076. 
4077. 
4078. 


4079. 
4080. 
4081. 


4082. 


4083. 


4084. 


State       board ;       their 
terms:    vacancies. 

Power  to  issue  three  grades  of  life 
certificate;    record    thereof. 

Effect  thereof;  may  be  revoked  for 
cause. 

Examination  fees;  their  disposition; 
compensation  of  members;  sta- 
tionery. 

County  boards;  appointment,  term, 
and  vacancies;  removal;  notice  of 
appointments;    disqualifications. 

President  and  clerk  of  board  of  county 
school  examiners;  duties  of  clerk. 

Meetings  of  board,  and  fee  for  exam- 
ination. 

Uniform   system  of  examinations. 

Disposition  of  fees. 

Granting  and  revocation  of  certifi- 
cates; investigation  of  teachers;  ex- 
penses. 

Certificate  a  prerequisite  to  employ- 
ment of,  teachers;  certificate  to 
teach  special  studies;  physiology 
and  hygiene. 

School  examiners  are  not  oflScers  under  Art.  II,  Sec.  20,  of  the  Constitution.    4  C.  D. ,  540. 
Making,  changing  or  altering  a  teacher's  certificate  constitutes  forgery;'  see  Sec.  7091,  R.  S. 

STATE    BOARD   OF   EXAMINERS. 

Sec.  4065.  [State  board;  appointment;  term;  vacancies.]  There 
shall  be  a  state  board  of  examiners,  which  shall  consist  of  five  compe- 
tent persons,  resident [s]  of  the  state,  to  be  appointed  by  the  state  com- 
missioner of  common  schools ;  not  more  than  three  of  whom  shall  be 
long  to  the  same  political  party.  The  term  of  office  of  such  examiners 
shall  be  five  years ;  the  term  of  one  of  the  examiners  shall  expire  on 
the  31st  day  of  August,  each  year,  and  when  one  of  which  shall  expire 
on  the  31st  of  August  every  year,  and  when  a  vacancy  occurs  in  the  board, 
whether  from  expiration  of  the  term  of  office,  refusal  to  serve,  or  other 
cause,  the  commissioner  shall  fill  the  same  by  appointment  for  the  full  or 
unexpired  term,  as  the  case  demands.  (1888,  April  16;  85  v.  330;  81 
v.  95;  Rev.  Stat.,  1880;  70  v.  195,  §  85;  S.  &  S.,  709.) 

Sec.  4066.  [Power  to  issue  three  grades  of  life  certificates ;  record 
thereof.]  The  board  thus  constituted  may  issue  three  grades  of  life 
certificates  to  such  as  are  found  to  possess  the  requisite  scholarship,  and 
who  exihibt  satisfactory  evidence  of  good  moral  character  and  of  pro- 
fessional experience  and  ability ;  the .  certificates  shall  be  for  different 
grades  of  schools  according  to  branches  taught,  and  shall  be  valid  in  the 
schools  specified  therein.     The  clerk  of  the  board  shall  keep  a  record  of 


OHIO    SCHOOL    LAWS.  171 


Boards  of  Examiners.  Ch.  12. 


the  proceedings,  showing  the  number,  date  and  grade  of  each  certificate, 
to  whom  granted,  and  for  what  branches  of  study,  and  shall  report  such 
statistics  to  the  commissioner,  annually,  on  or  before  the  31st  day  of 
August.  (1888,  April  16:  85  v.  330;  78  v.  39;  Rev.  Stat.,  1880;  70  v. 
195,  §86;   S.  &S.,  709.) 

The  state  board  of  examiners  issues  the  following  certificates:  High  school  life,  common 
school  life  and  special  life.  High  school  life  certificates  arc  unlimited,  common  school  ITTe 
and  special  life  are  limited  to  the  branches  of  study  specified  therein.    Com. 

Sec.  4067.  [Effect  thereof;  may  be  revoked  for  cause.]  All  cer- 
tificates issued  by  such  board  shall  be  countersigned  by  the  commissioner 
of  common  schools ;  and  such  certificates  shall  supersede  the  necessity  of 
any  and  all  other  examinations  of  the  persons  holding  them,  by  any  board 
of  examiners,  and  shall  be  valid  in  any  school  district  in  the  state,  unless 
revoked  by  the  state  board  for  good  cause.  (70  v.  195,  §  87;  S.  &  S., 
709.) 

Sec.  4068.  [Examination  fees;  their  disposition;  compensation 
of  members;  stationery.]  Each  applicant  for  a  certificate  shall  pay 
to  the  board  of  examiners  a  fee  of  five  dollars;  and  the  clerk  of 
the  board  shall  pay  to  the  state  treasurer,  all  fees  received,  and 
file  with  the  state  auditor  a  written  statement  of  the  amount.  Each 
member  of  the  board  shall  be  entitled  to  receive  five  dollars  for 
each  day  he  is  necessarily  engaged  in  official  service,  and  also 
six  cents  per  mile  each  way  for  traveling  from  and  to  his  place 
of  residence,  by  the  most  direct  route  of  public  travel  to  and  from 
the  places  of  meetings  of  the  board,  to  be  paid  out  of  the  state 
treasury  on  the  order  of  the  state  auditor;  all  books,  blanks  and 
stationery  required  by  the  board  shall  be  furnished  by  the  secretary 
of  state.  (1888,  April  16;  85  v.  330;  82  v.  100;  Rev.  Stat.,  1880;  70 
v.  195,  §  88;    S.  &  S.,  709.) 

COUNTY   EXAMINERS. 

Examiners'  duties  as  to  graduation  from  sub-districts  and  special  (chool  districts,  Sec. 
4029-1. 

For   sections  4069,    4065,    see   S.   &   C.   1S61.   1862. 

Sec.  4069.  [County  boards;  appointment,  term,  and  vacancies; 
removals;  notice  of  appointment;  disqualifications.]  There  shall  be  a 
board  of  examiners  for  each  county,  which  shall  consist  of  three  com- 
petent persons  to  be  appointed  by  the  probate  judge.  Two  of  such  per- 
sons shall  have  had  at  least  two  years'  experience  as  teachers,  and  shall 
be  or  shall  have  been  within  five  years,  actual  teachers  in  properly  rec- 
ognized schools.  Such  persons  shall  be  residents  of  the  county  for 
which  they  are  appointed,  and  shall  not  be  connected  with,  or  interested 
in  any  normal  school  or  school  for  the  special  education  or  training  of 
persona  for  teachers,  or  any  other  private  school,  or  be  employed  as  an 


172  OHIO   SCHOOL   LAWS. 


Ch.  12.  Boards  of  Examiners. 


instructor  in  any  institute  in  his  own  county.  If  an  examiner  becomes 
connected  with,  or  interested  in  any  such  school,  his  office  shall  become 
vacant  thereby.  The  term  of  office  of  such  examiners  shall  be  three 
years.  The  term  of  one  of  the  examiners  shall  expire  on  the  thirty-first 
day  of  August,  each  year;  but  the  probate  judge  shall  revoke  the  ap- 
pointment of  any  examiner,  upon  satisfactory  proof  that  he  is  inefficient, 
negligent,  or  guilty  of  immoral  conduct.  When  a  vacancy  occurs  in  the 
board,  whether  from  expiration  of  the  term  of  office,  refusal  to  serve,  or 
other  cause,  the  probate  judge  shall,  fill  the  same  by  appointment  for  the 
full  or  unexpired  term,  as  the  case  demands,  and  within  ten  days  after 
an  appointment  the  probate  judge  shall  report  to  the  commissioner  of 
common  schools  the  name  and  appointee,  and  whether  the  appointment 
is  for  a  full  or  unexpired  term;  and  no  person  shall  be  appointed  to  the 
position,  or  exercise  the  office  of  state,  county,  city,  or  village  examiner 
of  teachers,  who  is  agent  of,  or  is  interested  in  any  book  publishing  or 
book  selling  firm,  company  or  business.  (88  v.  495;  85  v.  330;  Rev. 
Stat.,  1880;   70  V.  195,  §  89.) 

See    Sec.    4085. 

Art.  II,  Sec.  20,  of  the  Constitution,  does  not  apply  to  a  member  of  a  board  of  ex- 
aminers of  teachers.    4   C.    D. ,   540. 

All  schools  not  supported,  at  least  in  part,  by  public  funds  are  termed  private  schoo's. 
Com. 

Who  ineligible   for  county  examiner;   see  Sec.   40S5. 

Sec.  4070.  [President  and  clerk  of  board  of  county  school  exam- 
iners; duties  of  clerk.]  The  board  shall  organize  by  choosing  from  its 
members  a  president  and  clerk ;  the  clerk  shall  keep  a  record  of  the 
proceedings,  showing  the  number  and  date  of  each  certificate  issued, 
and  to  whom,  for  what  term,  and  for  what  branches  of  study,  and  such 
otheV  statistics  relating  to  the  examination  and  proceedings  as  the  com- 
missioner of  common  schools  may  require,  and  shall  report  such  statistics 
to  the  commissioner  annually  on  or  before  the  first  day  of  September ; 
the  clerk  shall  receive  four  dollars  for  each  examination  of  sixty  ap- 
plicants or  less,  six  dollars  for  each  examination  of  more  than  sixty  ap- 
plicants and  less  than  one  hundred,  eight  dollars  for  each  examination  of 
one  hundred  applicants  or  more,  to  be  paid  out  of  the  county  treasury 
on  the  order  of  the  county  auditor ;  the  board  may  make  all  needful 
rules  and  regulations  for  the  proper  discharge  of  their  duty.  (92  v.  215  ; 
S$  V.  192,  195;  Rev.  Stat.  1880;  70  v.  241,  §  95.) 

The  prosecuting  attorney  is  the  legal  adviser  of  county  boards  of  examiners;  see  Sec. 
1274,    R.    S. 

Sec.  4071.  [Meetings  for  examina,tions ;  majority's  power;  ex- 
amination fee.]  Each  board  s-hall  frx  atpon  the  place  and  times  for 
holding  meetings  for  the  examination  of  applicants  for  certificates, 
notice  of  which  shall  be  published  in  two  weekly  newspapers  of  dif- 
ferent political  parties  printed  in  the  county,  if  there  are  two  papers 


OHIO   SCHOOL   LAWS.  173 


-Boards  of  Examiners.  Ch.  12. 


thus  published ;  if  not,  then  a  publication  in  one  only  is  required ; 
the  meetings,  of  which  there  shall  not  be  more  than  ten  in  any 
year,  shall  be  held  at  such  place  in  the  county  as  will  in  the  opinion 
of  the  board  best  accommodate  the  greatest  number  of  applicants; 
a  majority  of  the  board  may  examine  applicants  and  grant  certifi- 
cates ;  and  as  a  condition  of  examining  each  applicant  shall  pay 
to  the  board  a  fee  of  fifty  cents.  (92  v.  215;  89  v.  245;  70  v.  195; 
§§  90,  91) 

It  seems  that  examiners  have,  in  some  cases,  advertised  meetings  for  the  examination 
of  candidates  for,  say,  three  years'  certificates  only.  It  is  difficult  to  see  the  legality  or  expe- 
diency of  such  proceeding.  Have  not  aH  candidates  a  right  to  appear  at  any  of  the  public 
advertised  meetings  provided  for  by  law?  If  one  fails  in  a  trial  for  a  three-years'  certificate, 
may  he  not  be  found  qualified  to  receive  a  two-years'  certificate  without  the  trouble  and  ex- 
pense of  another  journey  and   another  fee?    Com. 

It  has  been  decided  by  two  or  more  common  pleas  courts  of  Ohio,  "that  the  examina- 
tion of  the  candidate,  and  determination  to  grant  the  certificate  being  official  acts,  can  only 
be  legally  performed  at  a  session  of  the  board  duly  organized,  and  that  the  whole  board, 
as  such,  is  to  decide  regarding  the  qualifications  of  each  applicant  to  teach  each  branch  certi- 
fied to."  See  also  case  of  McCortle  v.  Bates,  29  O.  S.,  419,  as  quoted  quite  in  full  under  section 
3982.  All  its  reasoning  regarding  boards  of  education  applies  equally  to  examining  boards. 
Com. 

Sec.  4071a.  [Uniform  system  of  examinations.}  That  the  secre- 
tary of  the  state  board  of  examiners  and  the  state  commissioner  of 
common  schools  shall  prepare  a  series  of  questions  for  each  examin- 
ation to  be  used  in  each  county  in  the  state  of  Ohio  for  the  examina- 
tion of  teachers ;  and  the  state  commissioner  of  common  schools  shall 
procure  the  printing  of  the  same  and  distribute  them  to  the  clerks  of 
the  several  boards  of  examiners  of  the  several  counties  in  the  state. 
Said  questions  shall  be  forwarded  in  time  to  reach  their  destination  at 
least  two  days  before  they  are  required  for  use.  Said  questions  shall 
not  be  opened  except  in  the  presence  of  d.  majority  of  the  examining 
board  on  the  day  and  hour  of  examination.  No  county  board  of  ex- 
aminers shall  use  any  question  for  examination  of  teachers  not  furnished 
as  herein  provided,  unless  by  action  of  the  board  they  may  determine 
otherwise.  Examinations  under  this  act  shall  be  held  on  the  second  and 
fourth  Saturday  of  September,  October,  November,  December,  Febru- 
ary, March,  April,  May  and  June,  and  nothing  in  this  act  shall  be  so 
construed  as  to  prevent  the  several  county  boards  from  holding  less 
than  eighteen  examinations  a  year.     (90  v.  300.) 

The  use  of  the  questions  prepared  under  this  law  is  left  to  the  option  of  each  county 
board  of  examiners.  If  the  questions  are  used,  then  the  dates  of  holding  meetings  must 
be  those  prescribed  in  this  act.  If  they  are  not  used,  then  the  dates  may  be  fixed  by  the 
board  of  examiners  as  provided  in  section  4071.  No  appropriation  was  ever  made  to  carry  out 
the  provisions  of  section  4071a,   and  it   has  never  been  enforced.    Com. 

Sec.  4072.  [Disposition  of  fees.]  The  clerk  of  the  board  shall 
pay  to  the  county  treasurer,  quarterly,  all  fees  received,  and  file  with 
the  county  auditor  a  written  statement  of  the  amount,  and  of  the 


174        •  '  OHIO    SCHOOL    LAWS. 


Ch.  12.  Boards  of  Examiuers. 


number  of  applicants,  male  and  female,  examined  during  the  quarter ; 
and  such  money  shall  be  set  apart  for  the  support  of  teachers's  insti- 
tutes, and  applied  as  provided  in  chapter  thirteen.  (Passed  1886, 
March  25;  took  effect  Sept.  i,  1886;  83  v.  40;  Rev.  Stat.  1880;  70 
V.  195.  §  91 ;  S.  &  S.,  706.) 

Sec.  4073.  [  Granting  and  revocation  of  certificates ;  investigation 
of  teachers;  expenses.]  The  board  may  grant  certificates  for  one,  two 
and  three  years  from  the  day  of  examination,  which'  shall  be  valid  in 
the  county  wherein  they  are  issued,  except  in  city  and  village  districts 
that  have  boards  of  examiners,  in  which  they  shall  not  be  valid;  that  in 
all  school  districts  in  the  state  of  Ohio  not  having  a  special  board  of 
examiners  and  situated  in  two  or  more  counties,  teachers'  certificates  ob- 
tained from  either  county  so  situated  shall  be  held  valid  in  such  dis- 
tricts ;  and  the  examiners  may  grant  certificates  for  five  years  to  such 
applicants  as  in  addition  to  the  necessary  qualifications  have  been  for 
three  years  next  preceding  their  application  engaged  in  teaching,  twelve 
months  of  which  experience  shall  have  been  in  one  place ;  and  such  cer- 
tificates for  five  years  shall  be  renewable  upon  the  same  condition,  but 
without  examination,  at  the  discretion  of  the  examining  board;  and 
the  examiners  may  grant  certificates  for  eight  years  from  the  date  of 
examination,  to  such  applicants  as,  in  addition  to  the  necessary  quali- 
fications, hold  or  have  held  a  certificate  for  five  years,  and  have  been 
for  three  years  next  preceding  their  application  engaged  in  teaching, 
eighteen  months  of  which  experience  shall  have  been  in  one  place;  and 
the  applicants  for  such  certificates  for  eight  years,  in  addition  to  the  other 
qualifications,  shall  be  required  to  pass  a  satisfactory  examination  in 
botany,  algebra,  natural  philosophy  and  English  literature;  and  such 
certificate  for  eight  years  shall  be  renewable  upon  the  same  conditions, 
but  without  examination,  at  the  discretion  of  the  examining  board;  and 
if  at  any  time  the  recipient  of  a  certificate  be  found  intemperate,  im- 
moral, incompetent,  or  negligent,  the  examiners,  or  any  two  of  them, 
may  revoke  the  certificate ;  but  such  revocation  shall  not  prevent  a  teacher 
from  receiving  pay  for  services  previously  rendered ;  and  when  any  re- 
cipient of  a  certificate  is  charged  with  intemperance,  or  other  immorality, 
the  examining  board  shall  have  power  to  send  for  witnesses  and  exam- 
ine them  on  oath  or  affirmation  touching  the  matter  under  investigation. 
The  fees  and  other  expenses  of  such  trial  shall  be  certified  to  the  county 
auditor  by  the  clerk  and  president  of  the  examining  board,  and  be 
paid  out  of  the  county  treasury  upon  the  order  of  the  auditor.  (93  v. 
115;  92  V.  121;  85  V.  330,  331;  81  V.  55;  79  v.  83;  Rev.  Stat.  1880; 
70  V.  195,  §92;  S.  &S.,  707.) 

A  teacher's  certificate  issued  by  a  county  superintendent  of  public  instruction  or  other 
officer  of  state,  county,  or  municipality  comes  within  the  exemption  provided  by  section 
17    of   the   act,    and    does   not   require    a    stamp.     These   certificates,    given    under    regulations 


OHIO    SCHOOL    LAWS.  175 


Boards  of  Examiners.  Ch.  12. 


adopted  in  connection  with  pablic  schools,  are  held  to  be  for  governmental  purposes  rather 
than   for  private  use.     Commissioner  of   Internal    Revenue. 

The  revocation  of  a  teacher's  certificate  by  the  county  school  examiners  for  intemper- 
ance and  immorality  is  not  reviewable  by  the  courts.  Hence  that  board  will  not  be  compelled 
by  mandamus  to  sign  a  bill  of  exceptions  setting  out  the  evidence  on  the  trial  to  revoke. 
1   N.    P.,   151. 

The  revocation  o(  a  certificate  is  not  strictly  a  judicial  proceeding.  The  law  which 
clothes  the  boards  of  examiners  with  discretionary  power,  will  protect  them  in  the  proper 
use  of  it.  They  cannot,  of  course,  be  mulcted  in  damages  nor  removed  from  office,  for 
refusing  to  grant  a  certificate,  nor  for  revoking  a  certificate,  in  the  exercise  of  this  discretion. 
If  malice  or  other  undue  motive  enter  into  the  transaction,  however,  the  candidate  has  his 
remedy  in  the  courts,  and  the  probate  judge  may  remove  any  member  for  such  cause,  as  a 
malfeasance   in   office — an   immorality — one  of  the  causes  enumerated   in   the   law.     Com. 

Notice  of  revocation  should  at  least  be  given  to  the  boards  of  education  concerned.  A 
person   cannot   draw   pay   after   his   certificate   is   revoked.     Com. 

The  board  may  grant  certificates  of  five  grades  only,  and  since  the  statute  uses  the 
language,   "from  the  day  of  examination. "a  certificate  cannot  be  antedated.     Com. 

An  official  trust  cannot  be  delegated.  See  III  Central  Law  Journal,  p.  472.  The  board  has 
no  authority,  therefore,  to  appoint  a  substitute  to  perform  the  duties  of  any  of  its  members. 
A  certificate  depending  on  the  signature  of  such  substitute  for  its  validity,  is  worthless. 
As  all  citizens  are  bound  to  know  the  law,  so  candidates  and  school  authorities  are  bound  to 
know  who  are  legal,  or,  at  least,  de  facto  public  officers.    Com. 

Sec.  4074.  [Certificate  a  prerequisite  to  employment  of  teachers; 
certificate  to  teach  special  studies;  physiology  and  hygience.]  No 
person  shall  be  employed  as  teacher  in  a  common  school  who  has 
not  obtained  from  a  board  of  examiners,  having  competent  juris- 
diction, a  certificate  of  good  moral  character,  and  that  he  or  she 
is  qualified  to  teach  orthography,  reading,  writing,  arithmetic,  geog- 
raphy, English  grammar,  the  history  of  the  United  States,  includ- 
ing civil  government,  and  possesses  an  adequate  knowledge  of  the 
theory  and  practice  of  teaching,  and,  if  required  to  teach  other 
branches,  that  he  or  she  has  requisite  qualifications ;  but  persons 
who  desire  or  are  expected  to  teach  only  special  studies,  such  as 
music,  drawing,  painting,  penmanship,  gymnastics,  German  or  French, 
or  any  one  of  them,  or  the  primary  department  in  any  graded 
school,  may  be  examined  in  regard  to  such  study  or  studies  above 
mentioned,  or  with  special  reference  to  their  qualifications  to  teach  in 
such  primary  department  only,  and  having  obtained  a  certificate  of  quali- 
fication therein^  and  of  good  moral  character,  may  be  employed  to  teach 
such  study  or  studies,  or  in  such  primary  department ;  provided,  that  after 
January  i,  1889.  no  person  shall  be  employed  as  a  teacher  in  any  com- 
mon school,  who  has  not  obtained  from  such  board  of  examiners  a  cer- 
tificate that  he  or  she  is  qualified  to  teach  physiology  and  hygiene.  (92 
v.  36;  85  V.  330,  331;  85  v.  93;  79  V.  70;  Rev.  Stat.  1880;  71  v.  107, 
§93;S.&S.707.) 

See   Sees.    4018,    4051. 

For  "an  act  requiring  instruction  as  to  the  effect  of  alcoholic  drinks  and  narcotics  on 
the  human   system,    in  the  public   schools,"   see  Sec.   4020-24. 

Qualifications,  etc.,  of  teachers  of  day  schools  for  deaf  children;  see  Sec.  400ft-13. 

The  above  section  forbidding  the  employment  of  a  teacher  who  has  no  certificate  was 
not  intended  to  guard  against  a  contract  but  against  incompetency;  hence,  if  the  teacher  gets 
his  certificate  after  the  contract,  but  before  entering  on  his  duties,  it  is  sufficient;  the  latter 
is  the  employment.    22  O.   S.,   194. 


176  OHIO    SCHOOL    LAWS. 


Ch.  12.  Boards  of  Examiners. 


In  Illinois,  a  certificate  was  not  obtained  till  the  middle  of  the  term.  A  new  contract 
was  entered  into  at  that  time  to  pay  the  teacher  double  wages  for  the  rest  of  the  term.  This 
was  considered  an  attempt  to  do  indirectly  what  there  was  no  power  to  do  directly;  and 
therefore  the  contract  was   held  void.     71   111.,    532. 

A  person  began  teaching  under  a  contract.  He  taught  three  weeks;  then  obtained  a 
certificate  and  made  a  written  contract  to  run  three  months  from  the  time  he  began  teaching. 
Held,  that  he  was  entitled  to  wages  after  certificate  was  obtained,  but  to  no  pay  for  the  pre- 
vious  three   weeks.    20   Minn.,    72. 

No  money  can  be  legally  drawn  for  teaching  a  day  without  a  certificate,  and  to  re- 
ceive public  money  illegally  is  a  crime  under  Sees.  6841  and  6846.    Com. 

The  board  of  education  of  G.,  at  a  regular  meeting,  tendered  C.  the  election  as  superin- 
tendent of  a  school  in  which  branches  other  than  those  enumerated  in  the  certificate  issued  to 
C.  by  the  board  of  school  pxaminers,  were  taught.  C.  accepted  the  employment  tendered, 
and  entered  upon  its  duties.  Held,  that  this  constituted  a  valid  contract,  and  in  the  absence 
of  proof,  other  teachers  being  employed  in  the  school,  no  presumption  arises  that  C.  actually 
taught   branches  not   enumerated  in   his   certificate.    12   C    C,   247. 

The  board  may,  in  certain  cases,  call  in  the  aid  of  a  specialist  to  examine  a  candidate  for 
them  in  specific  branches.  But  the  oflficial  mind,  as  in  cases  at  the  bar,  the*  "judicial  mind," 
must  itself  be  satisfied — in  this  case  by  the  testimony  of  the  expert — that  the  candidate  is 
qualified  in  each  branch,   and  the  board   must  certify  to  this.     Com. 

As  to   penalty   for   bribing  or  attempting  to   bribe   an   officer,    see   Sec.   6900. 

Teachers  in  schools  at  children's  homes  and  in  kindergarten  schools,  supported  by  pub- 
lic funds,   must  hold  certificates.     Com. 

Resolved,  That  the  primary  certificate  should  be  a  professional  certificate  and  should  be 
granted  only  to  those  who  hold  a  regular  teacher's  certificate,  and  who  show  themselves 
skilled  in  primary  teaching,  and  that  the  examination  should  be  based  principally  on  theory 
and  practice  of  teaching  as  related  to  primary  work. — Passed  by  the  State  Association  of  County 
Examiners. 

Sec.  4075.  [Compensation  and  expenses  of  board.]  Each  mem- 
ber of  the  board  shall  be  entitled  to  receive  ten  dollars  for  each 
examination  of  sixty  applicants  or  less,  fourteen  dollars  for  each 
examination  of  more  than  sixty  applicants  and  less  than  one  hun- 
dred, eighteen  dollars  for  each  examination  of  one  hundred  appli- 
cants or  more,  to  be  paid  out  of  the  county  treasury  on  the  order 
of  the  county  auditor ;  all  books,  blanks,  and  stationery  required 
by  the  board  shall  be  furnished  by  the  county  auditor ;  the  board 
may  contract  for  the  use  of  suitable  rooms  in  which  to  conduct 
examinations,  procure  fuel  and  light,  and  employ  janitors  to  take 
charge  of  the  rooms  and  keep  them  in  order,  and  the  expenses  so 
incurred,  together  with  the  cost  of  advertising  required  by  section 
4071,  shall  be  paid  out  of  the  county  treasury  on  orders  of  the 
county  auditor,  who  shall  issue  such  orders  upon  the  certificate  of  the 
president  of  the  board,  countersigned  by  the  clerk.  (92  v.  216 ;  83  v.  40; 
Rev.  Stat.  1880;  70  v.  241,  §  95 ;  S.  &  S.  707.) 

Sec.  4076.  [Annual  report  of  clerk,  and  his  bond.]  The  clerk  of 
the  board  shall  prepare,  and  forward  to  the  commissioner  of  common 
schools,  on  or  before  the  first  day  of  September  in  each  year,  a  statement 
of  the  number  of  examinations  held  by  the  board,  the  number  of  appli- 
cants examined,  the  total  number  of  certificates  granted,  and  the  number 
for  each  term  mentioned  -in  section  forty  hundred  and  seventy-three, 
the  amount  of  fees  received  and  paid  to  the  county  treasurer,  the  amount 
received  from  the  county  treasury  by  the  members  of  the  board  for 
iheir  services,  and  such  other  statistics  and  information  in  relation  to  the 


OHIO    SCHOOL*  LAWS.  177 


Boards  of  Examiners.  Ch.  12. 


duties  of  the  board  as  the  commissioner  may  require ;  and  he  shall  deposit 
with  the  county  auditor  a  bond,  with  surety  to  be  approved  by  the  auditor, 
in  the  sum  of  three  hundred  dollars,  that  he  will  pay  into  the  county 
treasury,  quarterly,  the  examination  fees  received  by  the  board,  and  make 
the  statistical  returns  required  by  this  chapter.  (1888,  April  11:  85  v. 
192,  195  ;  Rev.  Stat.  1880 ;  70  v.  241,  §  95  ;  S.  &  S.  707.) 

Blanks  for  reports  are  sent  to  the  county  auditors  for  distribution. 
CITY   AND  VILLAGE    EXAMINERS. 

Sec.  4077.  [Boards  of  city  districts  of  first  class.]  There  shall 
be  a  board  of  examiners  for  each  city  district  of  the  first  class» 
to  be  appointed  by  the  board  of  education  ai  the  district ;  such 
board  may  consist  of  either  three  or  six  persons,  as. the  board  of 
education  may  determine,  and  two  of  the  persons  appointed  shall 
have  had  at  least  two  years'  practical  experience  in  teaching  and 
shall  otherwise  be  competent  for  the  position  and  residents  of  the 
district  for  which  they  were  appointed ;  the  term  of  office  of  such 
examiners  shall  be  three  years ;  the  term  of  one-third  of  the  ex- 
aminers shall  expire  on  the  31st  day  of  August  each  year;  but  the 
board  of  education  may  revoke  any  appointment  upon  satisfactory 
proof  that  the  appointee  is  inefficient,  negligent,  or  guilty  of  im- 
moral conduct ;  when .  a  vacancy  occurs  in  the  board,  whether  from 
expiration  of  term  of  office,  refusal  to  serve,  or  other  cause,  the  board 
of  education  shall  fill  the  same  by  appointment  for  the  full  unexpired 
term,  as  the  case  demands ;  and  within  ten  days  after  an  appointment, 
the  clerk  of  the  board  of  education  shall  report  to  the  commi.ssioner  of 
common  schools  the  name  of  the  appoiontec.  and  whether  the  appoint- 
ment is  for  a  full  or  an  unexpired  term.  (88  v.  280;  85  v.  330,  332; 
Rev.  Stat.  1880;  70  v.  195,  §  97;  71  v.  107,  §  96.) 

See  note  to  section  4065. 

Who  eligible  for  city  and  village  examiners;    sec  Sec.  40P5. 

See  4  C.  D.,  540  under  Sec.  4009. 

Sec.  (4078)  4708.  [Standard  of  qualification  for  teachers;  exam- 
inations of  schools;  law  governing  board  in  examining  teachers; 
special  examiners ;  their  oath;  duty  of  school  superintendents.]  Such 
board  of  examiners  shall  determine  the  standard  of  qualification 
for  teachers,  and  may  examine  any  school  in  the  district  when 
such  examination  is  deemed  necessary  to  ascertain  a  teacher's  quali- 
fications, but  in  the  examination  of  applicants  and  the  granting 
of  certificates  the  board  shall  be  governed  by  the  provisions  of 
section  forty  hundred  and  seventy-four,  and  to  secure  a  thorough 
examination  of  applicants  in  difficult  branches,  or  special  studies,  the 
board  may  secure  the  assistance,  temporarily,  of  persons  of  suffi- 
cient knowledge  in  such  branches  or  studies,  who  shall  promise  on  oath 
12    s.  L. 


178  OHIO    SCHOOL    LAWS. 


Ch.  12.  Boards  of  Examiners. 


or  affirmation,  to  be  administered  by  the  clerk  of  the  board  of  examiners^ 
to  perform  the  duties  of  examiner  faithfully  and  impartially,  and  superin- 
tendents of  schools  shall  give  to  the  board  all  necessary  information  in 
reference  to  branches  and  special  studies  to  be  taught,  and  the  branches 
of  study  and  grades  of  school  which  teachers  will  be  required  to  teach. 
(1888,  April  16:  85  V.  330,  332;  Rev.  Stat.  1880;  71  v.  107,  §  96.) 

This  act  is  enrolled  as  section  4708,  and  printed  in  85  v.  330,  332;  1888,  April  16,  as 
section  4708;    but  the  enacting  and  repealing  sections  of  said  act  designate  section  4078. 

An  expert  secured  by  the  board  to  conduct  examinations  in  any  particular  branch  should 
certify  the  result  of  the  examination  to  the  board;  all  certificates  should  be  signed  by  mem- 
bers of  the  board  and  by  such  members  only.     Com. 

Sec.  4079.  [Organization  of  board;  bond  of  clerk.]  The  board 
shall  organize  by  choosing  from  its  members  a  president  and  a  clerk ; 
and  the  clerk,  shall  give  bond,  in  the  sum'  of  five  hundred  dollars,  with 
surety  to  be  approved  by  the  board  of  education,  conditioned  that  he 
will  perform  faithfully  the  duties  required  of  him  by  this  chapter,  which 
bond  shall  be  deposited  with  the  clerk  of  the  board  of  education.  (70 
V.  195,  §  98) 

Sec.  4080.  [Meetings  for  examinations;  notice.]  The  board  shall 
hold  not  less  than  two  meetings  each  year,  notice  of  which  shall  be  pub- 
lished in  some  newspaper  of  general  circulation  in  the  district,  and  the 
expense  of  such  publication  shall  be  paid  as  provided  in  section  forty 
hundred  and  eighty-two,  and  all  examinations  of  applicants  shall  be  con- 
ducted at  the  meetings  of  the  boards  thus  called,  and  the  examination 
of  each  and  every  applicant  shall  be  in  the  presence  of  at  least  two 
members  of  the  board.     (1888,  April  16:  85  v.  330,  332.) 

Sec  4081.  [Examination  fee;  granting  and  revocation  of  certifi- 
cates; investigation  of  teachers.]  Each  person  who  applies  to  the 
board  for  examination  shall  pay  to  the  clerk  a  fee  of  fifty  cdnts. 
The  board  may  grant  certificates  for  one,  two  and  three  years,  from 
the  day  of  examination,  which  shall  be  signed  by  the  president 
and  attested  by  the  clerk,  and  shall  be  valid  within  the  district 
wherein  they  were  issued ;  and  the  examiners  may  grant  certifi- 
cates for  five  years  to  such  applicants  as  in  addition  to  the  neces- 
sary qualifications,  have  been  for  three  years  next  preceding  their 
application  engaged  in  teaching,  eighteen  months  of  which  experi- 
ence shall  have  been  in  one  place ;  and  such  certificate  for  five 
years  shall  be  renewable  upon  the  same  conditions,  but  without  exam- 
ination, at  the  discretion  of  the  examining  board ;  and  on  the  produc- 
tion of  satisfactory  evidence  that  a  person  to  whom  a  certificate  has  been 
issued  is  inefficient,  or  guilty  of  immoral  or  improper  conduct,  the  board 
may  revoke  the  certificate  and  discharge  such  person  from  employment 
as  teacher  in  the  district ;  but  such  teacher  shall  be  entitled  to  pay  for 
-services  to  the  time  of  such  discharge,  and  the  word  teacher  shall  be  held 


OHIO   SCHOOL   LAWS.  179 


Boards  of  Examiners.  Ch.  12. 


to  include  superintendent  of  schools ;  and  when  any  holder  of  a  certificate 
is  charged  with  intemperance  or  other  immorality,  the  board  shall  have 
power  to  send  for  witnesses  and  examine  them  on  oath  touching  the 
matter  under  investigation.  (1888,  April  16:  85  v.  330,  333;  78  v.  87; 
77  V.  6;  Rev.  Stat.  1880;  70  v.  195,  §  100;  72  v.  114,  §  99.) 

See  notes  under  sections  -1073  and  4074. 

(4081-1.)  [Granting  of  life  certificates  in  Cincinnati.]  Boards  of 
examiners  in  city  districts  of  the  first  grade  of  the  first  class,  in  addition 
to  the  grades  of  certificates  named  in  section  4081,  may  grant  permanent 
certificates  of  each  class  issued  by  them,  which  shall  be  valid  for  life  within 
the  district  wherein  granted ;  these  certificates  to  be  conditioned  upon 
the  applicant  therefor  having  had  fifty  months  successful  experience  in 
teaching,  at  least  thirty  of  which  shall  have  been  in  the  schools  of  said 
city  district,  and  in  addition  to  the  subjects  mentioned  in  section  4074, 
said  applicant  shall  give  evidence  of  satisfactory  knowledge  of  the  his- 
tory of  education,  science  of  education  and  psychology.  Applicants  for 
permanent  certificates  under  this  act  shall  pay  to  the  clerk  of  said  board 
of  examiners  a  fee  of  three  ($3)  dollars.     (94  v.  91.)    ' 

Sec.  4082.  [Compensation  of  examiners;  incidental  expenses.] 
The  board  of  education  shall  fix  the  compensation  of  such  exam- 
iners, and  the  person  called  to  their  assistance,  furnish  the  neces- 
sary books,  blanks,  and  stationery  for  their  use,  and  designate  a 
■school  building  within  the  district  in  whic^  they  shall  conduct 
examinations,  and  cause  such  building  to  be  lighted  and  heated  if 
necessary;  and  such  compensation,  and  the  incidental  expenses  in- 
curred on  account  of  the  board  of  examiners,  shall  be  paid,  by  order 
of  the  board  of  education,  from  the  contingent  fund  of  the  dis- 
trict.    (71  V.  107,  §  96.) 

See   Sec.  4080. 

Where  it  appears  that  a  board  of  education  of  a  city,  in  response  to  a  writ  of  man- 
damus requiring  it  to  fix  the  compensation  provided  for  in  this  section,  has  failed  sub- 
stantially to  comply  with  such  order,  and  either  wilfully  and  in  bad  faith,  or,  as  in  this 
case,  from  mistaken  and  misapprehension  of  the  real  facts,  has  fixed  a  mere  nominal  and 
wholly  insufficient  amount,  the  court  issuing  such  writ  may  properly  call  upon  such  board 
to  review  its  action,  in  the  light  of  the  facts  as  found;  and  while  it  will  not  control  or  in- 
terfere with  judicial  discretion,  if  exercised  in  good  faith,  it  will  see  and  require  that  a  fair 
and  legitimate  attempt  be  made  to  comply  with  the  order  of  the  court.    4  C.  C,  93. 

See  statement  of  facts  in  4  C.  C. ,  97. 

Sec.  4083.  [City  and  village  examiners;  duties  of  clerk;  dis- 
position of  fees.]  The  clerk  shall  keep  a  record  of  the  proceed- 
ings of  the  board,  and  such  statistics  as  the  commissioner  of  com- 
mon schools  may  require,  and  shall  report  such  statistics  to  the 
commissioner  annually,  on  or  before  the  first  day  of  September; 
he  shall  pay  the  examination  fees  received  Ijy  him  to  the  treas- 
urer of  the  district  within  ten  days  after  each  meeting,  and  at  the 


180  OHIO    SCHOOL    LAWS. 


Ah.  12.  Boards  of  Examiners. 


same  time  file  with  the  clerk  of  the  board  of  education  a  written 
statement  of  the  amount,  and  also  a  statement  of  the  number  of  appli- 
cants, male  and  female,  examined,  and  the  number  of  certificates  granted, 
and  for  what  terms ;  and  the  fees  paid  to  the  treasurer  of  the  district  shall 
be  applied  to  the  support  of  teachers'  institutes,  as  provided  in  chapter 
thirteen.  (1888,  April  11:  85  v.  192,  196;  Rev.  Stat.  1880;  70  v.  195, 
§98.) 

Blanks  for  reports  are  sent  to  the  county  auditors  for  distribution. 

Sec.  4084.  [Boards  of  school  examiners  for  city  districts,  second 
class,  and  village  districts.]  The  provisions  of  this  chapter  relating  to 
boards  of  examiners  for  city  districts  of  the  first  class,  shall  be  applicable- 
to  such  boards  for  city  districts  of  the  second  class  and  village  districts 
having  an  enumeration  of  not  less  than  seven  hundred  youth  of  school  age ;: 
except  that  such  boards  shall  consist  of  three  members,  and  except  also 
that  the  examination  fees  shall  be  disposed  of,  and  statements  filed  with 
the  county  auditor,  as  provided  in  section  four  thousand  and  seventy-two, 
in  all  such  districts  not  covered  by  the  provisions  of  section  four  thousand 
and  ninety-three.  '(1888,  Feb.  22:  85  v.  30;  83  v.  35;  78  v.  87;  Rev. 
Stat.  1880;  70  V.  195,  §  loi ;  72  V.  114,  §  99.) 

Sec.  4085.  [Who  ineligible  as  examiner.]  No  board  of  county 
city,  or  village  examiners  shall  have  more  than  one  member  connected 
with  the  same  school. 

In  any  system  of  schools  entitled  to  a  city  board  of  examiners,  the  superintendent,  who 
is  not  connected  with  any  one  school  specially,  but  with  tlje  system  as  a  whole,  can  be- 
a  member  of  the  board  (and  ought  always  to  be  so),  and  as  many  of  the  teachers  as  the- 
board  of  education  may  choose  to  select,  provided  no  two  of  them  are  from  the  same  build- 
ing.   Com. 


OHHJ    SCHOOL    LAWS. 


181 


Teachers'  Institutes. 


Ch.  13 


CHAPTER  13. 
TEACHERS'  INSTITUTES. 


Section. 

4091.    Teachers   may   dismiss   school  to  attend 
institute. 
Institute  (or  city  districts  of  first  class. 
Institutes  for  teachers  of  adjacent  coun- 
ties. 
Length    of   sessions;    reports    of   certain 
institutes. 


4002. 
4093 


4004. 


Section. 

4086.  County     teachers'     institutes;     organiza- 

tion; election  of  officers;  bond;  time, 
and   notice  of  election. 

4087.  Payment  of  institute  fund  to  committee. 

4088.  Teachers'    institutes;    report    of   commit- 

tee. 

4089.  Forfeiture    of   committee's    bond. 

4090.  When    school    commissioner    may    hold 

institute. 

For  sections  4086-4O94,   see  S.  &  C,  1379. 

Sec.  4086.  [Organization  of  county  teachers'  institute;  elections, 
term,  duties  and  bond  of  officers.  J  A  teachers'  institute  may  b..-  organ- 
ized in  any  county,  by  the  association  of  not  less  th.an  thirty  practical 
teachers  of  common  schools  residing  therein,  who  shall  declare  their  in- 
tention in  writing,  to  attend  such  institute  the  purpose  of  which  shall  be 
the  improvement  of  such  teachers  in  their  profession  ;  such  institute  shall 
elect  annually  by  ballot  a  president,  secretary,  both  of  whom  shall  be 
ex-officio  members  of  the  executive  board,  and  one  member  of  an 
executive  committee  who  shall  serve  for  a  term  of  three  years ;  provided 
at  the  first  annual  election  under  the  provisions  of  this  act,  th?re  shall  be 
elected  three  members  of  an  executive  committee ;  the  one  receiving  the 
highest  number  of  votes  to  serve  three  years ;  the  one  receiving  the  next 
highest  number  of  votes  to  serve  two  years ;  and  the  one  receiving  the 
next  highest  number  of  votes  to  serve  one  year.  It  shall  be  the  duty  of 
this  executive  committee  to.  manage  the  affairs  of  the  institute :  which 
committee  shall  enter  into  a  bond,  payable  to  the  state  of  Ohio,  with 
sufficient  surety,  to  be  approved  by  the  county  auditor  in  double  the 
amount  of  the  institute  fund  in  the  county  treasury,  for  the  benefit  of  the 
institute  fund  of  the  county,  and  conditioned  that  the  committee  shall 
account  faithfully  for  the  money  which  will  come  into  its  possession,  and 
make  the  report  to  the  commissioner  of  common  schools,  required  by 
section  four  thousand  and  eight,  and  such  election  of  officers  shall  be 
held  during  the  session  of  such  institute  and  at  a  time  fixed  by  the  exec- 
utive committee  thereof,  of  which  election  at  least  three  days'  notice 
shall  be  given  the  members  of  such  institute  by  posting  conspicuously 
in  a  room,  where  such  institute  is  held,  a  notice  of  the  time  and  place  of 
holding  such  election,  and  of  the  officers  to  be  voted  for  at  such  election. 
1(92  V.  10 ;  84  V.  230 ;  Rev.  Stat.  1880 ;  70  v.  195.  §  1 12.) 

Sec.  20-1.  The  commissioners  of  the  several  counties  of  the 
state  may  receive  bequests,  donations  and  gifts  of  real  and  per~ 
sonal   property  and  money   to  promote  and   advance   the   cause   of 

education   in   their  respective   counties;    a    part    may 

be  used  to  defray  the  expenses  of  the  teachers'  institute,  each  year. 


182  OHIO    SCHOOL    LAWS. 


Ch.  13.  Teachers'  Institutes. 


The  purpose  of  a  teachers'  institute  being  the  improvement  of  the  teachers  entitled  to 
its  privileges  in  tReir  profession,  it  clearly  follows  that  the  instruction  given  therein  should 
be  mainly  upon  methods  of  teaching  and  the  management  of  schools.    Com. 

To  give  full  force  and  effect  to  all  the  provisions  of  this  section  the  terms  "executive 
board"  and  "executive  committee"  must  be  considered  as  synonymous,  otherwise  an  exec- 
utive board  has  been  created  without  any  duties  or  power  whatever;  the  president  and  sec- 
retary of  the  institute,  while  ex-ofHcio  members  of  the  executive  committee,  are  not  nec- 
essarily chairman  and  secretary  of  the  committee.    Com. 

Sec.  4087.  [Payment  of  institute  fund  to  committee.]  The  dec- 
laration and  bond  mentioned  in  section  '  forty  hundred  and  eighty- 
six  shall  be  filed  with  the  county  auditor,  whereupon  the  auditor 
shall  give  to  the  institute  committee  an  order  on  the  county  treas- 
urer for  the  amount  of  the  institute  fund  in  the  treasury;  and  any 
portion  of  said  fund  not  disbursed  by  the  committee  shall  be  re- 
turned to  the  county  treasury,  on  the  certificate  of  the  county  auditor. 
(70  V.  195,  §,112;    S.  &  S.  709.) 

Sec.  4088.  [Teachers' institutes;  report  of  committee.]  The  in- 
stitute committee  shall,  within  five  days  after  the  adjournment  of  the 
institute,  report  to  the  commissioner  of  common  schools  the  number  of 
teachers  in  attendance  at  the  institute,  the  names  of  instructors  and  lec- 
turers, the  amount  of  money  received  and  disbursed  by  the  committee, 
and  such  other  information  relating  to  the  institute  as  the  commissioner 
may  require ;  and  on  failure  to  make  such  report  the  committee  shall 
forfeit  and  \)ay  to  the  state  the  sum  of  fifty  dollars.  (1888,  April  11; 
85  V.  192,  196;  Rev.  Stat.  1880;  70  v.  195,  §  112;  S.  &  S.  709.) 

Blanks  for  reports  are  sent  to  the  county  auditor  for  distribution. 

Sec.  4089.  [Forfeiture  of  committee's  bond.]  Upon  the  for- 
feiture of  the  committee's  bond,  the  prosecuting  attorney  of  the 
county  shall  prosecute  an  action  thereon,  in  the  name  of  the  state, 
and  collect  any  money  which  the  committee  may  have  failed  to  dis- 
burse according  to  law,  and  any  penalty  to  which  the  committee 
may  be  liable  under  this  chapter,  and  pay  the  same  into  the  county 
treasury  to  the  credit  of  the  institute  fund.      (70  v.  195,  §  112.) 

Sec.  4090.  [When  school  commissioner  may  hold  institute.] 
When  a  teachers'  institute  has  not  been  held  within  two  years  in 
any  county,  the  commissioner  of  common  schools  may  hold  or  cause 
to  be  held  therein  such  institute ;  and  the  management  thereof  and, 
all  proceedings  in  relation  thereto,  shall  be  the  same  as  hereinbefore 
provided,  except  that  the  written  declaration,  required  shall  not  be 
necessary.     (70  v.  195,  §  114.) 

Sec.  4091.  [Teachers  may  dismiss  school  to  attend  institute.  All 
teachers  of  common  schools  within  any  county  in  which  a  county  institute 
is  held,  except  those  employed  in  city  districts  of  the  first  class,  may  dis- 
miss their  schools  for  the  purpose  of  attending  such  institute,  for  the 


OHIO   SCHOOL    LAWS.  183 


Teachers'  Institutes.  Ch.  13. 


week  in  which  it  is  held ;  and  boards  of  education  of  the  city  districts  of 
the  first  class  situate  within  such  counties  may,  by  resolution,  extend  the 
privilege  specified  above  to  the  teachers  employed  by  them ;  but  no 
union  or  graded  school  shall  be  dismissed  for  such  purpose  unless  a 
majority  of  the  teachers  employed  therein  assent  thereto.  (70  v.,  195, 
§117) 

The  law  under-  this  section  does  not  provide  that  teachers  shall  receive  pay  for  their 
attendance  at  the  institute;  but  the  board  may  by  resolution  allow  them  their  regular  sal- 
aries during  such  attendance.  No  teacher,  however,  can  be  paid  for  more  days  than  he  was 
actually   present.     Com. 

Sec.  4092.  [Institutes  for  city  districts  of  the  first  class.]  The 
board  of  education  of  each  city  district  of  the  first  class  may  provide  for 
holding  an  institute  yearly,  for  the  improvement  of  the  teachers  of  the 
common  schools  therein ;  and  general  meetings  of  the  teachers  of  any 
sucii  city  district  held  upon  not  less  than  four  days  in  any  year,  whether 
consecutive  days  or  not,  for  the  purposes  of  instruction,  shall  be  deemed 
to  constitute  a  teachers'  institute  for  said  city  district  within  the  meaning 
of  this  section  ;  the  expenses  of  such  institute  shall  be  paid  from  the  insti- 
tue  fund  provided  for  by  section  4083 ;  if  the  board  of  any  district  dp  not 
provide  for  such  institute  in  any  year,  it  shall  cause  the  institute  fund  in 
the  hands  of  the  district  treasurer  to  be  paid  to  the  treasurer  of  the  county 
wherein  the  district  is  situate,  who  shall  place  the  same  to  the  credit  of 
the  county  institute  fund,  and  the  teachers  of  the  schools  of  such  districts 
shall  be  entitled,  in  such  case,  to  the  advantages  of  the  county  institute, 
subject  to  the  provisions  of  the  preceding  section ;  and  the  clerk  of  the 
board  shall  make  the  report  of  the  institute  required  by  section  4094. 
(90  V.  131;  70  V.  195,  §  118.) 

Sec.  4093.  [Institute  for  teachers  of  adjacent  counties.]  An  asso- 
ciation of  teachers  of  several  adjacent  counties  may  organize  an  institute 
for  the  specific  purpose  of  providing  for  the  professional  instruction  of 
the  teachers  of  the  graded  schools  in  such  counties,  and  the  boards  of  all 
city,  village,  and  special  districts  within  such  counties  may  contribute 
from  the  institute  and  contingent  funds  under  their  control,  to  defray 
the  expenses  thereof,  and  may  permit  teachers  employed  by  them  to 
attend  the  institute  one  week ;  and  such  institute  shall  appoint  a  secre- 
tary, who  shall  make  the  report  required  by  the  next  section.  (70  v. 
195.  §  II9-) 

Sec.  4094.  [Length  of  session;  report  of  certain  institutes.]  All 
institutes  held  under  the  provisions  of  this  chapter,  except  the  institute 
provided  for  by  section  forty  hundred  and  ninety-three,  shall  continue 
at  least  four  days ;  and  a  report  of  each  institute  held  in  pursuance  of  the 
provisions  of  sections  forty  hundred  and  ninety-two  and  forty  hundred 
and  ninety-three,  shall'*be  made  to  the  commissioner  of  common  schools 


184  OHIO    SCHOOL    LAWS. 


Ch.  13.  Teachers'  Institutes. 


within  five  days  after  the  adjournment  thereof,  which  shall  state  the 
number  of  teachers  in  attendance,  the  names  of  the  instructors  and  lec- 
turers, the  total  expenses  of  the  institute,  and  the  portion  thereof  paid 
from  institute  funds,  and  such  other  information  relating  to  the  institute 
as  the  commissioner  may  require.  (1888,  April  11;  85  v.  192,  196;  Rev. 
Stat.  1880;  70  V.  195,  §§  113,  115,  118.) 


OHIO    SCHOOL    LAWS. 


185 


Colleges  aud  Universities. 


Ch.  14. 


CHAPTER  14. 
COLLEGES  AND  UNIVERSITIES. 


Section. 

4095.         Common    council    of    Cincinnati    may 

accept    educational    trusts. 
WM.  How   trust   funds  to  be  applied. 

4097.  Trusteeship   to   vest   in   city,   etc. 

4098.  Board   of  directors;   how   appointed. 

4098-1.  Appointment  of  trustees  of  universi- 
ties in  Cincinnati  supported  by 
taxation  in  whole  or  in  part. 

4099.  Powers    of    board. 

4100.  Citizens    not    to    be    charged    for    ad- 

mission   of   children. 

4101.  Accounts    and    expenditures    of    en- 

dowment fund;  how  said  fund  may 
be    invested. 

4102.  When    board    may    con|cr   degrees. 

4103.  Site   and   grounds   for   Cincinnati   and 

Toledo   universities. 

4104.  When   and   how   tax   may   be  levied. 

4105.  Provisions    of    chapter    applicable    to 

city   of  Toledo. 

4105a.  Ohio  University  authorized  to  issue 
certificates   of   indebtedness. 

4105Ii.  Rate  of  interest;  when  maturing; 
purpose,    etc. 

4105-1.  Providing  for  the  sale  of  certain  Ohio 
University    lands. 

41C5-2.       Owner  to  receive  deed;    form  of. 

4105-3.      Validity    of   such    deed. 

41C5-4.       Registry   of  deed,   etc.,    to  be  kept. 

4105-5.  Proceeds  to  be  deposited  in  state 
treasury  and  become  irreducible 
trust    fund. 

4105-6.  Levy  and  collection  of  state  tax  upon 
lands  donated  to  Athens,  Ohio, 
university  for  use  of  said  univer- 
sity. 

4105-7.  Tax  in  lieu  of  rents;  tax  collected 
from  railroad  companies  not  to  in- 
clude  tax   on   rolling   stock. 

4105-8.      (Repeal.) 

4105-9.  Establishment  and  name  of  Ohio 
State   University. 

4105-10.     Style   and   powers  of  trustees. 

4105-11.     Further   powers   and   duties. 

4105-12.     Who   shall   be   admitted   as   pupils. 

4105-13.     Prerogative  of   the   trustees. 

4105-14.    Officers  of   the   board. 

4105-15.  Board  may  receive  devises  of  land, 
etc. 

4105-16.  Title  of  lands  to  be  vested  in  the 
state,    etc. 

4105-17.  Attorney  general  to  be  legal  adviser 
of  the  board. 

4105-18.  Location  of  the  college;  sundry  pro- 
visos. 

4105-19.    Acceptance   of   ceded    lands. 
'4105-20.    Compensation    for    damages   to    lands 
may  be  demanded. 


Section. 

4105-21.  Title  of  lands  invested  in  trustees  of 
agricultural   college,   etc. 

410S-22.  Division  of  unsold  lands  into  tracts, 
etc.;  tracts  to  be  numbered  and 
appraised. 

410&-23.  To  De  sold  at  private  or  public  sale; 
contracts  of  sale  to  be  recorded, 
etc. 

4105-24.  Trustees  of  Ohio  State  University 
may  erect  residence  for  faculty. 

4105-25.    Acts   repealed. 

4105-36.  Ohio  Stale  University;  establish- 
ment of  a  school  of  mines;  course 
of   study;   school   apparatus,    etc. 

4105-27.  Employment  and  duties  of  instruc- 
tors; cabinet  of  specimens  to  1>e 
kept. 

4105-28.     Appropriations. 

4105-29.  Support  of  Ohio  State  University 
Law    School. 

4105-30.  Ohio  State  University  department  of 
ceramics. 

4105-31.     Special    instruction. 

4105-32.     Laboratory. 

4105-33.     Expert. 

4105-34.     Appropriations. 

4105-35.  Written  analysis  to  be  furnished  by 
professor  of  chemistry  at  agricul- 
tural   college. 

4105-36.  To  be  known  as  "The  Ohio  State 
University." 

4105-37.  To  be  governed  by  board  of  seven 
trustees;  how  and  by  whom  ap- 
pointed. 

4105-38.  Their  terms  of  office;  to  be  paid 
their  expenses  while  engaged  in 
discharge   of  duties. 

4105-39.     Powers  and  duties  of  board. 

4105-40.    Collections    of    specimens. 

4105-41.     Meetings   of   board    of   trustees. 

4105-12.  Report  of  trustees;  when  made  and 
what  to  contain;  pnntmg  and  dis- 
tribution  of  report. 

4105-43.  Funds  from  sale  of  land-scrip  to 
form  part  of  irreducible  debt,  in- 
terest of  same  to  be  paid  univer- 
sity. / 

4105-44.  Board  of  trustees  to  fix  compensa- 
tion  of  faculty,    teachers,   etc. 

4105-45.  Branches  prescribed  at  Ohio  State 
University. 

4106  46.  Computation  and  investment  of  in- 
terest. 

4105-47.    How    interest    invested. 

4105-48.  Trustees  of  Ohio  State  University 
authorized   to  make  certain   deeds. 

4106-40.    Dtity  of  auditor  of  state. 


186 


OHIO    SCHOOL    LAWS. 


Ch.  14. 


Colleges  and  Universities. 


Section. 
4105-50.     Relief 


4105-51. 

4105-52. 
41C5-53. 
4105-54. 

4105-55. 


4105-57. 
4105-58. 


of  persons  who  wrongfully 
paid  for  land  in  Virginia  Military 
District;    duty  of  auditor  of  state. 

Appropriations. 

Costs   of   obtaining   evidence. 

Report   to   general    assembly. 

Normal  and  industrial  department  of 
Wilberforce    University. 

Board  of  trustees;  appointment  by 
governor,    etc. 

Choosing  of  trustees  by  university 
board. 

Vacancies. 

Names  of  trustees  chosen  by  uni- 
versity board  to  be  certified  to 
governor. 


Section. 

4105-59.    Meetings   of  trustees;   their  expenses. 

4105-60.     Powers  and  duties  of  trustees. 

4105-61.  Non-sectarian  character  of  depart- 
ment. 

4105-62.  Payment  to  university  of  state  ap- 
propriations;   bond    of    treasurer. 

4105-63.  Annual  report,  and  estimate  of  ap- 
propriations. 

4105-04.  Power  of  member  of  general  assem- 
bly to  designate  youth  for  free 
admission  to  such  department. 

4105-65.  Appropriations;  application  of  reve- 
nues. 

4105-66.  Annual  appropriations  for  Wilber-- 
force    University. 


CINCINNATI  AND  TOLEDO   UNIVERSITIES. 

Sec.  4095.  [Common  council  of  Cincinnati  may  accept  educa- 
tional trusts.]  The  board  of  directors  of  the  university  of  the  city 
of  Cincinnati,  in  the  name  and  behalf  of  the  city,  may  accept  and 
take  any  property  or  funds  heretofore  or  hereafter  given  to  the 
city  for  the  purposes  of  founding,  maintaining,  or  aiding  a  univer- 
sity, college  or  other  institution  for  the  promotion  of  free  educa- 
tion, and  upon  such  terms,  conditions,  and  trusts,  not  .inconsistent 
with  law,  as  the  said  board  of  directors  may  deem  expedient  and 
proper  for  that  end.     (92  v.  358;  67  v.  86,  §  i.) 

Sec.  4096.  [How  trust  funds  to  be  applied.]  For  the  further  en- 
dowment, maintenance,  and  aid  of  any  university,  college,  or  institution 
for  the  promotion  of  free  education,  heretofore  or  hereafter  so  founded  in 
said  city,  the  board  of  directors  of  the  university  thereof  may,  in  the 
name  and  in  behalf  of  the  city,  accept  and  take  as  trustee,  and  in  trust 
for  the  purpose  aforesaid,  any  estate,  property,  or  funds,  which  have 
been  or  may  be  lawfully  transferred  to  the  city  for  such  use,  by  any 
person  or  body  corporate  having  the  same,  or  any  annuity,  or  endowment 
in  the  nature  of  income  which  may  be  covenanted  or  pledged  to  the  city 
toward  such  use  by  any  person  or  body  corporate ;  and  any  person  or 
body  corporate  having  and  holding  any  estate,  property,  or  funds,  in  trust 
or  applicable  for  the  promotion  of  education,  or  the  advancement  of  any 
of  the  arts  or  sciences,  may  convey,  assign,  transfer,  and  deliver  over 
the  s^ie  to  said  city  as  trustee  in  his  or  its  place,  or  covenant  or  pledge 
its  income,  or  any  part  thereof,  to  the  same ;  and  such  estate,  property, 
funds,  or  income  shall  be  held  and  applied  by  such  city  in  trust  for  the 
further  endowment  or  maintenance  of  such  university,  college,  or  insti- 
tution, in  accordance,  nevertheless,  with  the  terms  afld  true  intent  of  any 
trust  or  condition  upon  which  the  same  was  originallv  given  or  held. 
(92  V.  358;  67  V.  86,  §2.) 

Sec.  4097.  [Trusteeship  to  vest  in  city,  etc.]  Upon  such  transfer, 
and  the  acceptance  thereot,  the  city  and  its  successors,  as  trustees,  shall 


OHIO   SCHOOL   LAWS.  187 


Colleges  aud  Universities.  Ch.  14. 


become  and  be  perpetually  obligated  and  held  to  observe  and  execute  sucn 
trust,  in  all  respects,  according  to  any  further  terms  and  conditions  law- 
fully agreed  upon  at  such  transfer  and  acceptance;  and  any  court  having 
jurisdiction  of  the  appointment  of  trustees  of  such  trusts  for  educational 
purposes  may,  in  proceedings  for  that  purpose  duly  instituted  and  had, 
appoint  and  constitute  said  city,  with  the  consent  of  the  common  council 
thereof,  trustee  of  the  estate,  property,  and  funds  so  transferred  to  it,  and 
may  dispense  with  the  bond  or  surety  on  the  part  (of)  the  city  for  the  per- 
formance of  such  trust,  unless  the  same  is  required  by  the  original  terms  or 
conditions  thereof,  and  shall  upon  the  due  transfer  and  acceptance  of  such 
trust  by  the  city,  release  and  fully  discharge  the  trustee  or  trustees  sck 
transferring  the  same.     (67  v.  86,  §  2.) 

Sec.  4098.  [Board  of  directors;  how  appointed.]  The  custody 
and  management  of  any  and  all  estates,  property,  or  funds  so  given, 
or  transferred  in  trust  to  said  city,  and  the  entire  administration 
of  any  and  all  such  trusts  so  accepted  by  the  common  council  thereof, 
and  any  university,  college,  be  institution  for  the  promotion  of  edu- 
cation heretofore  or  hereafter  so  founded  in  or  by  said  city,  except 
the  common  and  high  schools  thereof,  shall  be  committed  to  a  board 
of  nineteen  directors,  of  whom  the  mayor  of  the  city  shall  be  one,, 
and  the  others  shall  be  appointed  by  the  common  council  from  per- 
sons of  approved  learnin^^,  discretion,  and  fitness  for  the  office,  six 
of  whom  shall  be  appointed  from  persons  nominated  to  the  com- 
mon council  by  the  board  of  education  of  the  city,  and  twelve  from  persons 
nominated  to  the  common  council  by  the  superior  court  of  said  city,  if 
there  be  such  court;  the  term  of  office  of  each  director  shall  be  six  years. 
Such  directors  shall  serve  until  the  election  or  qualification  of  their  succes- 
sors; and  any  vacancy  in  the  board  caused  by  expiration  of  term,  resigna- 
tion, removal,  or  any  other  cause,shall  be  filled  by  appointment  hereirt 
provided  for  the  Unexpired  term.  The  board  of  directors  shall,  at  the 
first  regular  meeting  in  January,  elect  a  chairman,  who  is  hereby  author- 
ized to  administer  the  oath  of  office  to  any  director  so  appointed.  (1889,. 
April  13:  86  V.  292;  78  V.  178;  Rev.  Stat.  1880;  67  v.  86,  §  3.) 

Cited  as  illustrating  the  appointing  power  in  courts,  52  O.  S.,  410.  452. 

Section  2  of  the  act  of  1899.  April  13  (86  v.  292),  reads  as  follows: 

"Sec.  2.  (This  act  not  to  affect  present  directors.)  Sec. 
4098  of  the  Revised  Statutes  is  hereby  repealed;  and  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage,  but  shall  not 
be  construed  to  effect  the  term  of  any  director  appointed  tinder  the 
section  of  the  Revised  Statutes  hereby  repealed." 

(4098-1.)  [Appointment  of  trustees  of  universities  in  Cincinnati 
supported  by  taxation  in  whole  or  in  part.]  In  cities  of  the  first 
grade  of  the  first  class  all  vacancies  in  the  board  Of  directors  or 
trustees  of  universities  supported  in  whole  or  in  part  by  public  taxa- 
tion upon  the  property  of  such  city,  shall  be  filled  by  appointment 


"188  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 


by  the  judge  or  judges  of  the  superior  court  of  such  cities  where 
the  same  have  a  court;  otherwise  by  the  judge  or  judges  of  the 
common  pleas  court  of  the  county  in  which  such  cities  are  located. 
(89  V.  31.) 

Sec.  4099.  [Powers  of  board.]  As  to  all  matters  not  herein  or 
'Otherwise  provided  by  law,  the  directors  shall  have  all  the  authority, 
powers,  and  control  vested  in  or  belonging  to  said  city,  as  to  the 
management  and  control  of  the  state,  property  and  funds  given, 
transferred,  covenanted,  or  pledged  to  the  city  for  the  trusts  and 
purposes  aforesaid,  and  the  government,  conduct,  and  control  of 
the  university,  college,  or  institution  so  founded ;  they  may  appoint 
a  clerk,  and  all  agents  proper  and  necessary  for  the  care  and  ad- 
ministration of  the  trust  property,  and  the  collection  of  the  income, 
rents,  and  profits  thereof,  may  appoint  the  president,  professors, 
tutors,  instructors,  agents,  and  servants  necessary  and  proper  for 
such  university,  college,  or  institution,  and  determine  their  compensation, 
may  provide  all  the  necessary  buildings,  books,  apparatus,  and  means  and 
appliances,  and  pass  all  such  by-laws,  rules,  and  regulations  concerning 
the  president,  professors,  tutors,  instructors,  agents,  and  servants,  and  the 
admission,  government,  and  tuition  of  students,  as  they  deem  wise  and 
proper ;  but  they  may,  by  suitable  by-laws,  delegate  and  commit  the  ad- 
mission, government,  management,  and  control  of  the  students,  course 
of  studies,  discipline,  and  other  internal  affairs  of  such  university,  college, 
or  institution,  to  the  faculty  which  the  directors  may  appoint  from  among 
the  professors.     (67  v.  86,  §  3.) 

Sec.  4100.  [Citizens  not  to  be  charged  for  admission  of  children.] 
The  citizens  of  said  city  whose  children,  wards,  or  apprentices  are  ad- 
mitted to  such  institution,  shall  not  be  charged  for  such  admission  into 
the  academic  department;  and  no  charge  shall  be  made  for  the  instruction 
of  such  pupils  in  the  academic  department.  The  board  of  directors  of 
such  university  may  charge  fees  to  students  in  other  departments,  and 
shall  have  power  in  its  discretion  from  time  to  time  to  make  the  univer- 
sity free  in  any  or  all  of  its  departments  to  citizens  of  Hamilton  county, 
Ohio.     (92  v.  359;  67  V.  86,  §  3.) 

Sec.  4  ID  I.  [Accounts  of  receipts  and  expenditures  of  endowment 
fund;  how  said  fund  may  be  invested.]  The  accounts  of  such  trusts, 
estate,  property  and  funds,  and  of  the  income  and  expenditure  thereof, 
shall  be  kept  by  the  city  auditor  entirely  distinct  from  all  other 
accounts  or  affairs  of  the  city,  and  the  moneys  shall  be  kept  by 
the  city  treasurer  distinct  from  other  moneys ;  and  the  directors 
shall  at  all  times  confine  the  expenditures  within  the  income  of 
the  trust,  estate,  property  and  funds,  and  shall  annually  report ' 
to  the  common  council  a  full  statement  of  the  accounts  and  admin- 
istration of  such  trust ;    and   said  directors   are  hereby  authorized 


OHIO   SCHOOL   LAWS. 


189 


Colleges  and  Universities.  "  Ch.  14. 


to  invest  any  part  of  the  funds  belonging  to  such  university  or  any  depart- 
ment thereof,  as  they  may  from  time  to  time  deem  proper,  in  the  bonds 
of  the  United  States  or  of  the  state  of  Ohio,  or  of  the  city  of  Cincinnati, 
and  in  first  mortgages  on  real  estate  within  the  limits  of  said  city,  to  an 
amount  not  to  exceed  one-half  the  value  of  such  real  estate,  as  determined 
by  an  appraisement  to  be  made  by  a  committee  of  said  board,  appointed 
for  that  purpose;  and  said  directors  shall  not  invest  said  funds  in  any  man- 
ner other  than  as  hereinbefore  provided.  (1883,  March  29:  80  v.  86;  Rev. 
Stat.  1880;  67  V.  86,  §  3.) 

Sec.  4102.  [When  board  may  confer  degrees.]  The  directors  of 
such  university,  college,  or  institution  may,  upon  the  recommendation  of 
the  faculty  thereof,  confer  such  degrees  and  honors  as  are  customary  in 
universities  or  colleges  in  the  United  States,  and  such  others  as,  with  ref- 
erence to  the  course  of  studies  and  attainments  of  the  graduates  in  special 
departments,  they  may  deem  proper.     (67  v.  86,  §  4.) 

4103.  [Site  and  grounds  for  Cincinnati  and  Toledo  universities.] 
The  common  council  of  said  city  may  set  apart  or  appropriate  as  a  site 
for  the  buildings  and  grounds  of  the  university,  college  or  institution  so 
founded,  any  public  grounds  of  the  city,  not  especially  appropriated  or 
dedicated  by.  ordinance  to  any  other  use  or  purpose,  any  law  to  the  con- 
trary notwithstanding;  and  the  board  of  education  of  said  city  may  also, 
for  a  like  purpose,  set  apart,  convey  or  lease  for  a  term  of  years  any 
grounds  owned  by  such  board.  And  any  grant  of  the  use  of  such 
grounds  heretofore  or  hereafter  made  by  any  city  council  or  board  of  edu- 
cation may  be  modified,  changed  or  extended  as  to  the  time  when  the 
same  shall  take  effect  and  be  in  force,  or  otherwise,  by  agreement  between 
such  council  or  board  and  the  directors  of  such  university,  and  said  council 
or  board  or  any  board  of  legislation  shall  be  taken  and  held  to  be  the  repre- 
sentatives of  such  city,  vested  with  the  title,  right  of  possession  and  entire 
control  of  such  property  for  the  purposes  of  a  new  grant.  (89  v.  25 1 ;  82 
V.  121 ;  Rev.  Stat.  1880;  67  v.  86,  §  5.) 

Sec.  4104.  [When  and  how  tax  may  be  levied  for  universities  in 
Cincinnati;  astronomical  observatory.]  In  cities  of  the  first  grade  of 
the  first  class  where  there  are  universities  supported  in  whole  or  in  part 
by  public  taxation  upon  the  property  of  such  city,  the  board  of  education 
of  the  city  shall,  upon  the  application  of  said  board  of  directors  of  such 
universities,  assess  and  levy  a  tax  on  the  taxable  property  of  the  city, 
not  less  than  nor  more  than  three-tenths  of  one  mill  on  the  dollar  valua- 
tion thereof,  to  be  applied  by  the  board  of  directors  to  the  support  of 
such  university,  college,  or  institution,  and  the  board  of  education  shall 
also  assess  and  levy,  annually,  not  less  than  three  hundredths  nor  more 
than  five  hundredths  of  one  mill  on  the  dollar  of  such  valuation,  for  the 
establishment  and  maintenance  of  an  astronomical  observatory  in  con- 


190  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 


nection  with  such  university,  college  or  institution,  the  proceeds  of  which 
shall  be  paid  to  the  board  of  directors,  and  applied  by  them  for  said 
purpose  exclusively.      (94  v.  399;   90  v.  150;    67  v.  86,  §  5  ;    75  v.  133, 

Sec.  4105.  [Provisions  of  this  chapter  applicable  to  Toledo;  ex- 
ceptions; board  of  trustees.]  That  the  provisions  of  this  chapter  shall 
be  applicable  to  cities  of  the  third  grade  of  the  first  class,  except  that 
the  rate  of  taxation  to  be  assessed  and  levied,  shall  not  exceed  one-half 
of  one  mill  upon  the  taxable  property  of  such  cities;  and  except  .that 
the  board  of  directors  or  trustees  shall  consist  of  five  members  and  shall 
be  filled  by  appointment  from  persons  of  approved  learning,  discretion 
and  fitness  for  the  office,  by  the  board  of  education  and  confirmed  by  the 
common  council  in  the  city  in  which  such  university  shall  be  located ; 
such  appointments  shall  be  made  within  thirty  days  after  the  passage  of 
this  act,  and  one  member  shall  be  appointed  for  one  year,  one  member 
for  two  years,  one  member  for  three  years,  one  member  for  four  years, 
and  one  member  for  five  years,  and  in  April,  1901,  and  annually  there- 
after one  member  shall  be  appointed  for  a  term  of  five  years.  The 
members  of  the  university  board  of  directors  or  trustees  in  cities  of  the 
third  grade  of  the  first  class,  in  office  when  this  act  takes  effect,  shall 
continue  in  office  until  the  board  herein  provided  for. shall  be  appointed 
and  organized,  at  which  time  the  powers  and  duties  of  such ,  former 
board  shall  cease  and  determine,  and  their  offices  thenceforth  shall  be 
and  are  hereby  abolished ;  and  the  directors  or  trustees  appointed  un- 
der this  section  shall  serve  until  their  successors  are  appointed  and 
qualified,  and  any  vacancy  which  may  occur  in  the  board  of  directors  or 
*  trustees  from  resignation,  removal,  death  or  other  cause  shall  be  filled 
by  appointment  in  the  same  manner  as  is  provided  for  the  appointment 
of  directors  or  trustees  in  this  section,  for  the  unexpired  term  of  such  di- 
rector or  trustee.     (94  v.  241  ;   70  v.  117,  §  i.) 

OHIO    UNIVERSITY. 
Members   of  legislature  not   eligibli;   to   be   trustees;     see   Sec.   18-1,    R.    S. 

(4105a)  Sec.  I.  [Ohio  University  authorized  to  issue  certificates 
of  indebtedness.]  The  board  of  trustees  of  the  Ohio  university  is 
hereby  authorized  to  issue  from  time  to  time  certificates  of  indebted- 
ness to  an  amount  not  exceeding  in  the  aggregate  fifty.-five  thousand 
dollars  ($55,000.00)  in  anticipation  of  the  annual  levies  authorized  by 
section  3951  of  the  Revised  Statutes  of  Ohio,  as  amended  March  28, 
1891  (88  O.  L.,  page  159),  and  as  further  amended  February  26,  1896 
(92  O.  L.,  p^ge  40),  provided  that  the  whole  amount  of  said  certifi- 
cates of  indebtedness  shall  be  paid  by  said  board  of  trustees  out  of  the 
proceeds  of 'such  levies  on  or  before  December  31,  1916,  and  provided, 
further,  that  not  less  than  five  thousand  dollars  ($5,000.00)  in  the  year 


OHIO    SCHOOL    LAWS.  191 


Colleges  and  Universities.  '  Ch.  14. 


1906,  and  five  thousand  dollars  ($5,000.00)  in  each  of  the  years  1907, 
1908,  1909,  1910,  1911,  1912,  1913,  1914,  1915  and  1916  shall  be  set 
apart  of  such  annual  levy  for  the  redemption  of  the  certificates  herein 
authorized.     (94  v.  94.) 

(41056)  Sec.  2.  [Rate  of  interest;  when  maturing;  purpose,  etc.] 
The  certificates  herein  authorized  shall  be  signed  by  the  president  and 
secretary  of  said  board  of  trustees  of  the  Ohio  university  and  sealed 
with  the  seal  of  the  university,  shall  bear  such  rate  ol  interest,  not  ex- 
ceeding five  (5)  per  cent,  per  annum,  payable  semi-annually,  as  said 
board  of  trustees  shall  determine,  and  shall  be  payable  by  "said  board 
of  trustees  out  of  the  revenues  to  arise  under  the  act  entitled,  "An  act 
to  supplement  section  3951  of  the  Revised  Statutes  of  Ohio,  as  amended 
March  20,  1891  (O.  L.  88,  page  159),  passed  February  26,  1896  (O. 
L.  92,  page  40),  and  the  moneys  arising  from  the  issue  of  said  certifi- 
cates shall  be  applied  exclusively  to  the  redemption  of  the  certificates  of 
indebtedness  heretofore  issued  by  said  board  of  trustees,  and  maturing 
ten  thousand  dollars  ($10,000.00)  on  the  first  day  of  September,  1900. 
and  ten  thousand  dollars  ($10,000.00)  on  the  first  day  of  September 
in  each  of  the  years  1901,  1902  and  1903;  and  five  thousand  dollars 
($5,000.00)  on  the  first  day  of  September,  1904,  and  ten  thousand  dol- 
lars ($10,000.00)  on  the  first  day  of  September,  1905.  Said  certificates 
•of  indebtedness  shall  be  sold  by  said  board  of  trustees  from  time  to  time 
in  such  amounts  as  may  be  necessary  to  meet  the  payment  of  the  out- 
standing certificates  of  indebtedness  mentioned  in  section  2  of  this  act, 
at  not  less  than  their  par  value,  to  the  highest  bidder,  after  thirty  days' 
notice  of  the  sale  has  been  given  in  not  less  than  one  newspaper  pub- 
lished and  of  general  circulation  m  each  of  the  cities  of  Cincinnati,  Cleve- 
land and  Columbus.     (94  v.  94.) 

(4105-1)  Sec.  I.  [Providing  fof  sale  of  university  lands.]  The 
•owner  of  the  lands  or  town  lots  held  under  leases  from  the  president 
and  trustees  of  the  Ohio  University,  or, held  under  sale-leases  or  assign- 
ments by  or  under  the  original  lessees,  may  pay  to  the  treasurer  for  the 
time  being  of  said  university,  such  sum  of  money,  as  being  put  at  in- 
terest at  six  per  cent,  will  yield  the  amount  of  rent  reserved  in  the  orig- 
inal lease,  or  in  case  of  a  division  of  the  original  tract  or  parcel  leased, 
will  equal  the  proper  aliquot  part  thereof,  or  the  part  agreed  upon  by 
the  several  owners ;  providing,  that  such  person  so  surrendering  and 
releasing  to  said  corporation  shall  pay  the  necessary  expenses  incident 
to  such  change  of  tenure,  and  procure  the  services  of  an  agent  to  per- 
form the  necessary  labor  thereof;  and  upon  payment  of  such  sum  and 
of  all  rents  due  upon  the  land,  the  treasurer  aforesaid  shall,  on  demand 
•of  such  owner,  give  him  a  certificate  of  such  payment.     (80  v.  193.) 


192  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 


(4105-2)  Sec.  2.  [Owner  to  receive  deed;  form  of.]  That  such 
owner,  upon  such  payment,  shall  be  entitled  to  receive  a  deed  of  con- 
veyance for  such  land  by  him  owned,  to  be  signed  by  the  president  of 
said  corporation,  countersigned  by  its  secretary,  and  sealed  with  the  cor- 
porate seal  of  the  university,  conveying  the  premises  in  fee  simple  to 
such  owner,  or  such  owner  may,  at  his  option,  demand  and  receive  a 
certificate  as  aforesaid ;  and  the  governor  of  Ohio,  upon  presentation 
thereof,  shall  execute  and  deliver  to  such  owner,  a  deed  in  due  form 
of  law  conveying  the  premises  in  fee  simple  to  such  owner.      (80  v.  193.) 

(4105-3)  Sec.  3.  [Validity  of  such  deed.]  That  either  of  such 
deeds,  so  made,  shall  have  the  effect  in  law  and  in  fact  to  vest  in  the 
grantee  an  absolute  estate  in  fee  simple  in  the  premises,  subject,  how-^ 
ever,  to  all  liens,  equities,  or  rights  of  third  persons  in,  to  or  upon  the 
premises.      (80  v.  193.) 

(4105-4)  Sec.  4.  [Registry  of  deed,  etc.,  to  be  kept.]  It  shall 
be  the  duty  of  such  secretary  to  keep  an  accurate  registry  of  all  such 
payment,  certificates  and  deeds,  with  an  accurate  description  of  the  tract 
or  lot  of  land  so  paid  for  or  deeded ;  and  thereafter,  the  lands  so  deeded 
shall  be  subject  to  taxation,  in  like  manner  as  other  freehold  estates  in 
said  county;  and  the  original  leases  therefor,  in  so  far  as  regards  the 
land  so  deeded,  shall  cease  to  have  force  or  efifect.     (80  v.  193.) 

(4105-5}  Sec.  5.  [Proceeds  to  be  deposited  in  state  treasury,  and 
become  irreducible  trust  fund.]  That  it  shall  be  the  duty  of  the  treas- 
urer of  the  Ohio  University,  on  or  before  the  first  day  of  January, 
next,  after  said  receipt  of  money,  to  deposit  the  same  in  the  state 
treasury  upon  the  certificate  of  the  state  auditor,  and  the  sum  so  de- 
posited shall  be  added  to  the  irreducible  trust  funds  held  by  the  state  for 
education  purposes,  'and  interest  thereon  shall  be  paid  semi-annually  to 
the  treasurer  of  said  university,  upon  the  requisition  of  the  state  audi- 
tor.    (80  v.  193.) 

(4105-6)  Sec.  1.  [Levy  and  collection  of  state  tax  upon  lands 
donated  to  Athens  University  for  use  of  said  university.]  Hereafter  a 
state  tax  or  a  tax  equal  to  the  state  tax  upon  like  property,  shall  be 
levied  and  collected  upon  all  lands  donated  to  the  Ohio  University,  sit- 
uated at  Athens,  Ohio,  and  held  by  lease  from  said  university  or  by 
deed  from  the  governor  or  the  said  university,  including  such  parts  of 
said  lands  as  are  or  may  be  owned,  occupied  or  used  by  railroad  com- 
panies as  roadbeds,  roadways,  station  houses,  or  for  other  purposes ;  and 
the  said  taxes  when  collected  shall  be  paid  over  by  the  treasurer  of 
Athens  county,  upon  the  warrant  of  the  auditor  of  said  county,  to  the 
treasurer  of  the  Ohio  University,  for  its  use.     (82  v.  115.) 

(4105-7)  Sec.  2.  [Tax  in  lieu  of  rents;  tax  collected  from  rail- 
road companies  not  to  include  tax  upon  rolling  stock.]     That  the  tax 


OHIO    SCHOOL    LAWS.  193 


Colleges  and  Universities.  Ch.  14. 


SO  to  be  collected  upon  lands  so  held  by  lease,  shall  be  in  lieu  of  so 
much  of  the  rents  due  to  the  university :  and  the  tax  so  to  be  collected 
from  railroad  companies,  and  paid  to  the  university,  shall  not  include  the 
tax  upon  rolling  stock.     (82  v.  115.) 

(4105-8)  Sec.  3.  [Repeal.]  That  the  act  entitled  "an  act  to  re- 
fund to  the  Ohio  University  certain  funds  in  the  state  treasury,  and  to 
provide  for  the  future  payment  of  the  claims  of  said  university,"  passed 
March  25,  1875,  be  and  is  hereby  repealed,  saving  however,  all  rights 
vested  or  required  under  said  act.     (82  v.  115.) 

OHIO  STATE  UNIVERSITY. 

Right  of  way  through  Ohio  University  lands  granted  to  the  Lake  Eric  and  Southern  R'y. 

88  V.   317. 

Right   of   way    through'   same   along  Qlentangy   river    granted   to   Columbus   for    a   street. 

89  V.  301. 

Acceptance  of  congressional  appropriation  of  part  of  proceeds  of  sales  of  public  lands 
to  certain  colleges  and  designating  the  treasurer  of  the  Ohio  State  University  to  receive  such 
moneys.    88  v.  519. 

Professor  of  physics  to  have  charge  of  standards  of  weights  and  measures;    Sec.  142,  R.  S. 

Member  of  legislature  not  eligible  to  be  trustee;    Sec.  18-1,   R.  S. 

State  forestry  bureau  established  at  the  State  University;    Sec.  409-15,   R.   S. 

(4105-9)  Sec.  I.  [Establishment  and  style  of  college.]  A  col- 
lege, to  be  styled  the  Ohio  Agricultural  and  Mechanical  College,  is 
hereby  established  in  this  state,  in  accordance  with  the  provisions 
of  an  act  of  congress  of  the  United  States,  passed  July  2d,  1862, 
entitled  "an  act  donating  public  lands  to  the  several  states  and  terri- 
tories which  may  provide  colleges  for  the  benefit  of  agricultural  and 
mechanic  arts,"  and  said  college  to  be  located  and  controlled  as  here- 
inafter provided.  The  leading  object  shall  be,  without  excluding 
other  scientific  and  classical  studies,  and  including  military  tactics, 
to  teach  such  branches  of  learning  as  are  related  to  agricultural  and 
mechanic  arts.     (67  v.  20.) 

Name  changed  to  Ohio  State  University;   see  Sec.  4105-87. 

(4105-10)  Sec.  4.  [Style  and  powers  of  trustees.]  The  trustees 
and  their  successors  in  office  shall  be  styled  the  "Board  of  trustees  of 
the  Ohio  Agricultural  and  Mechanical  College,"  with  the  right  as 
such,  of  suing  and  being  sued,  of  contracting  and  being  contracted 
with,  of  making  and  using  a  common  seal,  and  altering  the  same  at 
pleasure.     (67  v.  20.) 

Trustees— number  and  terms  of,   powers  and  duties;  see  Sec.  4106-38. 

(4105-11)  Sec.  5.  [Further  powers  and  duties.]  The  board  of 
trustees  shall  have  power  to  adopt  by-laws,  rules  and  regulations  for  the 
government  of  said  college ;  to  elect  a  president ;  to  determine  the  num- 
ber of  professors  and  tutors,  elect  the  same,  and  fix  their  salaries.  They 
shall  also  have  power  to  remove  the  president  or  any  professor  or  tutor 
13    S.  h. 


194  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 


whenever  the  interests  of  the  college,  in  their  judgment,  shall  require; 
to  fix  and  regulate  the  course  of  instruction,  and  to  prescribe  the  extent 
and  character  of  experiments  to  be  made.     (67  v.  20.) 

(4105-12)  Sec.  7.  [Who  shall  be  admitted  as  pupils.]  The  col- 
lege shall  be  open  to  all  persons  over  fourteen  years  of  age,  subject 
to  such  rules  and  regulations  and  limitations,  as  to  numbers  from 
the  several  counties  of  the  state,  as  may  be  prescribed  by  the  board 
'  of  trustees ;  provided,  that  each  county  shall  be  entitled  to  its  just 
proportion,  according  to  its  population.  The  board  may  provide  for 
courses  of  lectures,  either  at  the  seat  of  the  college  or  elsewhere  in 
the  state,  which  shall  be  free  to  all.     (67  v.  20.) 

(4105-13)  Sec.  8.  [Prerogative  of  the  trustees.]  The  board  of 
trustees  shall  have  the  general  supervision  of  all  lands,  buildings, 
and  other  property  belonging  to  said  college,  and  the  control  of  all 
expenses  therefor;  provided,  always,  that  said  board  shall  not  con- 
tract any  debt  not  previously  authorized  by  the  general  assembly  of 
the  state  of  Ohio.     (67  v.  20.) 

(4105-14)  Sec.  9.  [Officers  of  the  board.]  The  board  of  trustees 
shall  annually  elect  one  of  their  number  chairman,  and  in  the  ab- 
sence of  the  chairman  shall  elect  one  of  their  number  temporary 
chairman,  and  shall  have  power  to  appoint  a  secretary,  treasurer, 
and  librarian,  and  such  other  officers  as  the  interests  of  the  college 
may  require,  who  may  or  may  not  be  members  of  the  board ;  and 
shall  hold  their  offices  for  such  term  as  said  board  shall  fix,  sub- 
ject to  removal  by  said  board,  and  shall  receive  such  compensation 
as  the  board  shall  prescribe.  The  treasurer  shall,  before  entering 
upon  the  duties  of  his  office  give  bond  to  the  state  of  Ohio  in  such 
sum  as  the  board  may  determine,  which  bond  shall  not  be  for  a 
less  sum  than  the  probable  amount  that  will  be  under  his  control 
in  any  one  year,  conditioned  for  the  faithful  discharge  of  his  duties  and 
the  payment  of  all  moneys  coming  into  his  hands,  said  bOnd  to  be 
approved  by  the  attorney  general  of  the  state.    (67  v.  20.) 

(4105-15)  Sec.  II.  [Board  may  receive  devises  of  land,  etc.]  The 
board  of  trustees  shall  have  power  to  receive,  and  hold  in  trust,  for  the 
use  and  benefit  of  the  college,  any  grant  or  device  of  land,  and  any  dona- 
tion or  bequest  of  money  or  other  personal  property,  to  be  applied  to 
the  general  or  special  use  of  the  college ;  all  donations  or  bequests  of 
money  shall  be  paid  to  the  state  treasurer,  and  invested  in  the  same 
manner  as  the  endowment  fund  of  the  college,  unless  otherwise  directed 
in  the  donation  or  bequest.    (67  v.  20.) 

(4105-16)  Sec.  13.  [Title  of  lands  to  be  vested  in  the  state,  etc.] 
The  title  for  all  lands  for  the  use  of  said  college,  shall  be  made  in  fee  simple 
to  the  state  of  Ohio,  with  covenants  of  seizin  and  warranty,  and  no 
title  shall  be  taken  to  the  state  for  the  purposes  aforesaid  until  the 


OHIO    SCHOOL    LAWS. 


195 


Colleges  and  Universities.  Ch.  14. 


attorney  general  shall  be  satisfied  that  the  same  is  free  from  all  defects 
and  incumbrances.    (67  v.  20.) 

(4105-17)  Sec.  15.  [Attorney  general  to  be  legal  adviser  of  the 
board.]  The  attorney  general  of  the  state  shall  be  the  legal  adviser  of 
said  board  of  trustees,  and  he  shall  institute  and  prosecute  all  suits  in 
behalf  of  the  same,  and  shall  receive  the  same  pompensation  therefor  as  he 
is  entitled  to  by  law  for  suits  brought  in  behalf  of  the  asylums  of  the 
state.     (67  V.  20.) 

(4105-18)  Sec.  17.  [Location  of  the  college;  sundry  provisos.] 
It  shall  be  the  duty  of  the  board  of  trustees  to  permanently  locate  said 
agricultural  and  mechanical  college  upon  lands,  not  less  than  one  hun 
dred  acres,  which  in  their  judgment  is  best  suited  to  the  wants  and  pur- 
poses of  said  institution,  the  same  being  reasonably  central  in  the  state, 
and  accessible  by  railroad  from  different  parts  thereof,  having  regard  co 
healthiness  of  location,  and  also  regarding  the  best  interests  of  the 
college  in  the  receipt  of  moneys,  lands,  or  other  propertys  donated  to 
said  college  by  any  county,  town,  or  individual,  in  consideration  of  the 
location  of  said  college  at  a  given  place ;  provided,  it  shall  require  a  three- 
fifths  vote  of  the  trustees  to  make  said  location ;  and,  provided  further, 
that  said  location  shall  be  made  on  or  before  the  fifteenth  day  of  October, 
1870;  provided,  further,  that  any  person  acting  as  a  trustee,  who  shall 
accept  or  receive,  directly  or  ifidirectly,  any  sum  or  amounts  from  any 
person  or  p'ersons,  to  use  their  influence  in  favor  of  the  location  of  said 
college  at  any  particular  f>oint  or  place,  shall  be  held  to  be  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  by  any  court  of  competent  juris- 
diction, shall  be  fined  in  any  sum  not  less  than  one  thousand  nor 
more  than  ten  thousand  dollars ;  provided,  further,  that  in  the  location  of 
said  college  the  said  trustees  shall  not  in  any  event  incur  any  debt  or 
obligation  exceeding  forty  thousand  dollars ;  and  if,  in  their  opinion,  the 
interests  of  the  college  cannot  be  best  promoted  without  a  larger  expen- 
diture for  the  location  than  that  sum,  then  they  may  delay  the  perma- 
nent location  of  the  same  until  the  third  Monday  of  January,  1871,  and 
report  their  proceedings  and  conclusions  to  the  general  assembly ;  pro- 
vided, further,  that  said  college  shall  not  be  located  until  there  are  secured 
thereto  for  such  location,  donations  in  money,  or  unincumbered  lands,  at 
their  cash  valuation,  whereon  the  college  is  to  be  located,  or  in  both 
money  and  such  lands,  a  sum  equal  to  at  least  one  hundred  thousand 
dollars.    (67  v.  120.) 

This  act  is  not  in  conflict  with  Sec.  1,  Art.  XIII,  of  the  Constitution.    31  O.  S.,  15,  21. 

(4105-19)  Sec.  I.  [Acceptance  of  ceded  lands.]  The  unsurveyed 
and  unsold  lands  ceded  to  the  state  oi  Ohio  by  a  certain  act  of  con- 
gress of  the  United  States,  approved  February  18,  1871,  situate  and 
being  in  the  Virginia  Military  district  between  the  great  Scioto  and 


196  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 

the  Little  Miami  rivers  in  said  state,  be  and  the  same  are  hereby- 
accepted  by  the  state  of  Ohio,  subject  to  the  provisions  of  said  act. 
(70  V.  107.) 

Construction  of  this  act  and  rights  of  occupants..  52  O.   S.,   567. 

The  cession  covered  all  the  title  the  United  States  had  to  and  in  these  lands,  and  all 
it   could  convey.    2   C.    C,    S6. 

(4105-20)  Sec.  2.  [Compensation  for  damages  to  lands  may  be 
demanded,  etc.]  The  trustees  of  the  Ohio  agricultural  and  mechanical 
college  are  hereby  authorized  to  demand  from  all  persons  who  have 
destroyed  or  converted  any  timber  growing  upon  the  lands  ceded  to  the 
state  of  Ohio,  as  stated  in  the  act  to  which  this  is  supplementary,  since 
the  date  of  said  act  of  Congress  ceding  said  lands  to  the  state 
of  Ohio,  full  compensation  for  the  timber  so  destroyed  or  con- 
verted, and  for  all  damages,  and  if  payment  shall  be  refused,  to  institute 
proper  proceedings  in  the  name  of  said  Ohio  Agricultural  and  Mechan- 
ical College,  in  any  court  of  competent  jurisdiction,  to  recover  the  same 
with  damages  and  costs  of  suit ;  provided,  that  the  provisions  of  this 
section  shall  not  apply  to  timber  taken  from  the  one  hundred  and  sixty 
acres  by  any  person  who  shall  obtain  the  title  to  the  same  under  section 
three  of  this  act.  (70  v.  107.) 

(4105-21)  Sec.  3.  [Title  of  lands  invested  in  trustees  of  agricul- 
tural college,  etc.]  The  title  of  said  lands  is  hereby  vested  in  the 
trustees  of  the  Ohio  Agricultural  and  Mechanical  College  for  the 
benefit  of  said  college ;  and  said  trustees  are  hereby  required  to  cause 
a  complete  survey  of  said  lands  to  be  immediately  made,  and  a  cor- 
rect plat  thereof  to  be  returned  to  said  trustees,  and  to  ascertain 
and  set  off,  in  reasonably  compact  form;  by  accurate  boundaries 
to  each  occupant  who  was  in  actual  possession  of  and  living  upon 
any  of  said  lands  at  the  time  of  the  passage  of  said  act  of  Congress, 
as  provided  therein,  or  their  heirs  and  assigns,  a  tract  not  exceed- 
ing forty  acres;  and  upon  the  payment,  by  the  claimant,  of  the  cost 
of  surveying  and  making  the  deed,  the  said  trustees  shall  make  and 
deliver  to  said  claimant  a  deed  for  said  tract ;  and  if  any  such  occu- 
pant shall  have  been  in  such  actual  possession  of  more  than  forty  acres, 
and  is  desirous  of  holding  the  same,  he  shall  be  entitled  to  have  in  addi- 
tion to  said  forty  acres,  any  number  of  acres  not  exceeding,  with  said 
forty  acres,  the  number  of  one  hundred  and  sixty  acres,  to  be  in  rea- 
sonably compact  form,  by  paying  for  the  said  excess  over  forty  acres,  the 
sum  of  one  dollar  per  acre ;  and  if  any  claimant  under  the  provisions  of 
this  act  shall  desire  to  purchase  any  tract  of  land  adjoining  said  forty 
acres,  not  exceeding,  including,  said  forty  acres,  the  amount  of  one  hun- 
dred and  sixty  acres,  of  which  said  claimant  shall  have  been  in  actual 
possession,  but  does  not  desire  to  purchase  the  same  at  one  dollar  per 
acre,  said  trustees,  upon  notice  by  said  claimant,  shall  cause  said  tract  or 


OHIO   SCHOOL   LAWS.  l97 


Colleges  and  Universities.  Ch.  14. 


part  of  tract  to  be  .sold  separate  from  other  tracts  of  land  at  a  valuation 
fixed  upon  by  the  appraisers  named  in  this  act,  payable  one-third  at  the 
date  of  the  survey,  and  the  residue  in  two  equal  annual  installments, 
with  interest  at  six  per  cent.,  payable  annually,  and  upon  full  payment 
being  made  with  the  cost  of  survey  and  conveyance,  said  trustee  shall 
make  and  deliver  to  such  claimant,  his  or  her  heirs  or  assigns,  a  deed 
for  said  excess  over  said  forty  acres ;  provided,  that  any  person  claiming 
the  benefit  of  the  provisions  of  this  section  as  occupant,  shall  comply 
in  all  respects  with,  and  be  subject  to  the  provisions  of  the  thirteenth 
section  of  the  act  of  Congress,  approved  September  4,  1841,  entitled  an 
act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands  and  to  grant 
pre-emption  rights,  and  to  the  rules  and  regulations  of  the  general  land 
office  of  the  United  States  relating  to  proof  for  the  establishment  of  pre- 
emptor's  claims ;  provided,  however,  that  the  affidavit  required  by  said 
thirteenth  section  of  said  act  of  Congress  may  be  made  before  any  justice 
of  the  peace  or  other  officer  authorized  to  administer  oaths.  (70  v.  107.) 
(4105-22)  Sec.  4.  [Division  of  unsold  lands  into  tracts,  etc.; 
tracts  to  be  numbered  and  appraised.]  All  the  unsurveyed  and  un- 
sold lands  in  said  military  dj^trict,  not  occupied  as  aforesaid,  shall 
be  divided  by  said  trustees  into  such  tracts,  not  exceeding  five  hun- 
dred acres  in  any  one  boundary,  as  will  be  most  advantageous,  refer- 
ence being  had  to  the  quality  of  said  lands  and  the  uses  to  which 
they  will  be  applied;  the  boundaries  to  all  such  tracts  and  divisions 
shall  be  accurately  surveyed,  and  the  lines  of  each  tract  plainly 
marked,  and  substantial  stone  monuments  firmly  placed  at  the  prin- 
cipal corners.  The  character  of  the  soil,  water  courses,  elevation 
of  hills,  timber,  ledges,  or  stratas  of  the  Waverly  building  stone, 
iron  ore,  fire  clay,  and  limestone,  shall  be  fully  noted  by  the  sur- 
veyors on  their  plats  and  in  their  field  books.  All  the  tracts  so  divided 
and  surveyed  shall  be  numbered  in  consecutive  order,  commencing  with 
the  tracts  in  Adams  county,  and  so  continuing  until  all  said  lands  in 
said  district  shall  be  platted  and  numbered  ;  which  number  shall  be  shown 
upon  the  plats,  and  the  said  plats  shall  correctly  indicate  all  township 
lines.  The  said  lands,  when  so  divided,  surveyed  and  numbered,  shall 
be  appraised  in  separate  tracts  at  their  true  value  in  money,  by  three 
qualified  freehold  residenfs  in  said  state,  to  be  summoned  by  said  trustees, 
or  any  committee  of  theirs.  Said  appraisers  before  entering  upon  their 
duties,  shall  take  and  subscribe  an  oath  before  competent  authority  hon- 
estly and  impartially  to  appraise  all  such  lands,  and  to  perfoi  m  all  other 
duties  in  relation  thereto ;  they  shall  each  be  paid  two  dollars  a  day  for 
their  services,  and  their  expenses  allowed  them ;  they  shall  make  due  re- 
turn of  all  their  appraisements  to  said  trustees,  which,  with  all  said  plats 
and  surveys,  shall  be  delivered  by  them  to  the  auditor  of  state,  and  the 
same  shall  be  recorded  in  the  office  of  said  auditor  in  suitable  books  to 


198  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 


be  provided  for  such  purpose ;  which,  with  all  such  original  plats,  surveys, 
and  papers,  shall  form  a  part  of  the  public  records  of  the  state  in  the  land 
department  of  said  office.     (70  v.  107.)  ^^ 

(4105-23)  Sec.  5..  [To  be  sold  at  private  or  public  sale;  con- 
tracts of  sale  to  be  recorded,  etc.]  And  the  said  trustees  are  hereby 
authorized  and  required  to  sell  all  of  said  lands  at  public  or  private 
sale,  at  a  price  not  less  than  the  appraised  value  thereof,  on  such 
terms  for  cash  and  credit  as  may  be  agreed  upon  between  the  pur- 
chaser and  said  trustees,  or  any  authorized  agent  of  theirs;  pro- 
vided, that  the  first  payment  shall,  in  every  case,  be  not  less  than 
one-third  of  the  appraised  value  of  such  tract ;  all  deferred  pay- 
ments shall  bear  six  per  cent,  interest,  to  be  paid  annually,  and  said 
trustees  may,  in  their  discretion,  extend  subsequent  annual  pay- 
ments through  a  period  not  exceeding  five  years.  All  public  sales 
of  said  lands  shall  be  by  auction,  at  the  front  door  of  the  court  house 
of  the  county  in  which  these  lands  so  offered  lie,  after  having  been  adver- 
tised five  consecutive  weeks  in  a  newspaper,  published  and  generally 
circulated  in  such  county ;  such  notices  of  sale  shall  contain  a  sufficient 
description  of  the  premises  to  clearly  identify  the  same,  with  a  state- 
ment of  the  terms  of  payment  and  the  amount  of  appraisement,  and  all 
such  public  sales  shall  be  made  at  such  times  as  said  trustees  shall  deem 
expedient ;  and  in  case  such  land  or  any  tract  thereof  shall  not  sell  for  the 
amount  of  the  appraisement  at  such  public  sale,  then  upon  the  same 
being  again  offered  as  aforesaid  at  public  sale,  the  same  may  be  sold 
for  any  sum  not  less  than  three-fourths  of  the  appraisement ;  provided, 
that  no  trustee  of  said  college  or  appraiser  of  said  land  shall  be  the  pur- 
chaser of  any  of  said  lands  at  any  such  sale  or  sales,  either  directly  or 
indirectly.  The  said  trustees  shall  cause  all  contracts  for  the  sale  of  said 
lands  to  be  printed  or  written  in  a  book  or  books,  stating  the  considera- 
tion and  terms  of  all  sales,  which  said  contracts  shall 'be  signed  in  dupli- 
cate by  the  said  trustees  or  any  authorized  agent  of  theirs,  and  by  the 
purchaser  or  purchasers,  one  copy  of  which  shall  be  preserved  in  said 
book,  and  the  other  shall  be  delivered  to  the  purchaser  at  the  time  the 
same  shall  be  signed ;  and  every  purchaser  shall  execute  his  promissory 
note  or  notes,  with  interest,  payable  as  aforesaid,  for  all  deferred  pay- 
ments, which  notes  shall  be  non-negotiable,  and  payable  to  said  college 
at  such  place  or  places  as  may  be  directed  by  said  trustees ;  and  upon 
full  payment  being  made  by  the  purchaser,  his  heirs  or  assigns,  for  any 
such  land,  every  such  person  shall  be  entitled  to  receive  a  conveyance 
therefor  in  fee  simple  by  deed  of  said  trustees,  executed  by  the  president 
of  the  board,  under  the  corporate  seal  of  said  college ;  and  all  lands  dis- 
posed of  under  the  provisions  of  this  act,  shall  be  returned  by  said  trus- 
tees to  the  auditors  of  the  coumties  it  which  they  are  situate,  and  by  them 
be  placed  on  the  duplicate  for  taxation.     (70  v.  107.) 


OHIO    SCHOOL    LAWS.  199 


Colleges  and  Universities.  Ch.  14. 


(4105-24.)  [Trustees  of  Ohio  State  University  may  erect  resi- 
dences for  faculty.]  The  proceeds  of  the  sales  of  such  lands,  or 
so  much  thereof  as  may  be  necessary,  after  the  payment  out  of 
the  same  of  all  the  necessary  expenses  of  survey  and  sale  remain- 
ing uncertified  into  the  treasury  of  said  state,  may  be  used  by  said 
trustees  in  building  and  maintaining  upon  the  lands  of  said  uni- 
versity a  suitable  number  of  houses,  adapted  to  use  as  family  resi- 
dences, for  the  use  of  members  of  the  faculty  of  said  university, 
for  which  use  a  fair  and  reasonable  rent  shall  be  paid  to  said  univer- 
sity. Said  buildings  shall  be  erected  under  the  provisions  of  title 
six  of  the  Revised  Statutes  of  Ohio ;  and  the  said  trustees  shall  annually 
report  to  the  governor  a  detailed  statement  of  receipts  and  disburse- 
ments in  the  execution  of  the  trusts  under  the  provisions  of  this  act. 
(1882,  April  17:  79  V.  144;  Rev.  Stat.  1880;  70  v.  107.) 

(4105-25)  Sec.  7.  [Acts  repealed.]  The  act  entitled  an  act  to  sell 
lands  ceded  to  the  state  of  Ohio  by  the  Congress  of  the  United  States 
by  act  of  Congress,  approved  February  18,  1871,  passed  March  26,  1872, 
and  the  act  supplementary  thereto  and  amendatory  thereof,  passed  April 
29,  1872,  be  and  they  are  hereby  repealed;  provided,  that  the  passage 
of  this  act  shall  in  no  wise  affect  the  validity  of  the  transactions  of  said 
board  of  trustees,  or  rights  vested  in  any  person,  under  the  provisions 
of  said  acts ;  and  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage.     (70  v.  107.) 

(4105-26)  Sec.  I.  [Ohio  State  University;  establishment  of  a 
school  of  mines;  course  of  study;  apparatus,  etc.]  The  trustees  of 
the  Ohio  State  University  be  and  they  are  hereby  required  to  estab- 
lish in  said  university,  a  school  of  mines  and  mine  engineering,  in 
which  shall  be  provided  the  means  for  studying  scientifically  and 
experimentally  the  survey,  opening,  ventilation,  care  and  working 
of  mines;  and  said  school  shall  be  provided  with  a  collection  of 
drawings,  illustratinpf  the  manner  of  opening,  working,  and  ventilat- 
ing mines,  and  with  the  necessary  instruments  for  surveying,  meas- 
uring air,  examining  and  testing  the  noxious  and  poisonous  gases 
of  mines,  and  also  with  the  models  of  the  most  improved  machinery 
for  ventilating  and  operating  all  the  various  [kinds]  of  mines  with 
safety  to  the  lives  and  health  of  those  engaged.  Said  school  shall  also 
be  provided  with  complete  mining  laboratories  for  the  analysis  of  coals, 
ores,  fire-clays  and  other  minerals,  and  with  all  the  necessary  apparatus 
for  testing  the  various  coals,  ores,  fire-clays,  oils,  gases,  and  other  min- 
erals.    0888.  April  4:  85  V.  155  ;  Rev.  Stat.  1880;  74  v.  216.) 

(4105-27)  Sec.  2.  [Employment  and  duties  of  instructors;  cabi- 
net of  speciments  to  be  kept.]  Said  trustees  shall  employ  compe- 
tent persons  to  give  instruction  in  the  most  improved  and  success- 
ful  methods   of   opening,   [and   operating]    surveying   and    inspecting 


200 


OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 


mines,  including  the  methods  and  machinery  employed  for  extract- 
ing coal,  ore,  fire-clay,  oil,  gas  and  other  minerals  from  the  pit's 
mouth  and  for  facilitating  the  ascent  and  descent  of  workmen,  the 
draining  and  freeing  of  mines  from  water,  the  causes  of  the  vitia- 
tion of  air,  the  quantities  of  fresh  air  required  under  various  cir- 
cumstances, natural  ventilation,  mechanical  ventilation  by  flues  and 
fans,  and  other  ventilating  machinery,  the  use  of  air  engines,  air 
compressors  and  coal  cutting  machinery ;  also  instruction  in  the  various 
uses  of  coals,  ores,  fire-clays,  oils,  gases  and  other  minerals,  and  the 
methods  of  testing,  analyzing  and  assaying  such  minerals ;  also  the  me- 
thods employed  in  metallurgical  and  other  processes  in  the  reduction  of 
ores  aad  in  determining  the  qualities  of  metals,  particularly  iron  and  steel, 
as  shown  by  practical  and  laboratory  tests ;  and  there  shall  be  kept  in  a 
cabinet  properly  arranged  for  ready  reference  and  examination,  suitably 
connected  with  said  school  of  mines  samples  of  the  specimens  from  the 
various  mines  in  the  state,  which  may  be  sent  for  analysis,  together  with 
the  names  of  the  mines  and  their  localities  in  the  counties  from  which 
they  were  sent,  and  the  analysis  and  a  statement  of  their  properties  at- 
tached (it  shall  also  be  his  duty  to  furnish  analysis  of  all  minerals  found 
in  the  state  and  sent  to  him  for  that  purpose  by  residents  of  this  state). 
(1888,  April  4:  85  v.  155 ;  Rev.  Stat.  1880;  74  v.  216.) 

(4105-28)  Sec.  3.  [Appropriation.]  There  is  hereby  appropriated 
out  of  the  general  revenue  fund  the  sum  of  three  thousand  five  hundred 
dollars  to  be  expended  in  the  equipment,  support  and  maintenance  of 
said  school  of  mines  as  provided  for  in  the  first  and  second  sections  of 
this  act.     (1888,  April  4:  85  v.  155 ;  Rev.  Stat.  1880;  74  v.  216.) 

(4105-29)  Sec.  I.  [Support  of  Ohio  State  University  law  school.] 
The  board  of  trustees  of  the  Ohio  State  University  are  hereby  authorized 
and  empowered  to  appropriate  annually,  for  the  period  of  ten  years,  to  the 
support  and  maintenance  of  the  school  of  law  of  the  Ohio  State  Univer- 
sity, out  of  the  fund  derived  under  section  3951  of  the  Revised  Statutes 
of  Ohio,  amended  March  20,  1891  (88  O.  L.,  159),  a  sum  not  exceeding 
five  thousand  dollars,  in  addition  to  the  sum  derived  from  the  tuition  fees 
of  the  students  in  said  school  of  law.     (90  v.  253.) 

(4105-30)  Sec.  I.  [Ohio  State  University  department  of  cera- 
mics.] The  trustees  of  the  Ohio  State  University  be  and  they  are 
hereby  required  to  establish  in  said  university  a  department  of  cera- 
mics, equipped  and  designed  for  the  technical  education  of  clay, 
cement  and  glass  workers,  in  all  branches  of  the  art  which  exist 
in  this  state,  or  which  can  be  profitably  introduced  and  maintained 
in  this  state  from  the  mineral  resources  thereof,  including  the  manu- 
facture of  earthenwares,  stonewares,  yellowwares,  whitewares,  china, 
porcelain  and  ornamental  pottery,  also  the  manufacture  of  sewer 
pipe,  fireproofing,   terracotta,   sanitary   claywares,   electric   conduits 


OHIO   SCHOOL   LAWS.  201 


Colleges  and  Universities.  Ch.  14. 


and  specialties,  firebricks  and  all  refractory  materials,  glazed  and 
enameled  bricks,  pressed  bricks,  vitrified  paving  material,  as  well 
as  the  most  economic  methods  in  the  production  of  the  coarser  forms 
of  bricks  used  for  building  purposes ;  also  the  manufacture  of  tiles 
used  for  paving,  flooring,  decorative  wall-paneling,  roofing  and  drain- 
ing purposes,  also  the  manufacture  of  cement,  concrete,  artificial 
stone  and  all  kinds  of  glass  products  and  all  other  clay  industries 
represented  in  our  limits.     (91  v.  164.) 

(4105-31)  Sec.  2.  [Special  instruction.]  Said  department  shall 
offer  special  instruction  to  clay  workers  on  the  origin,  composition, 
properties  and  testing  of  clays,  the  selection  of  materials  for  differ- 
ent purposes,  the  mechanical  and  chemical  preparation  of  clays,  the 
laws  of  burning  clays,  the  theory  and  practice  of  the  formation  of 
clay  bodies,  slips  and  glazes,  and  the  laws  which  control  the  for- 
mation and  fusion  of  sillicates.     (91  v.  164.) 

(4105-32)  Sec.  3.  [Laboratory.]  Said  department  shall  be  pro- 
vided with  an  efficient  laboratory  designed  especially  for  the  practical 
instruction  of  clay  workers  in  the  list  of  subjects  enumerated  in  the 
second  section  of  this  act,  and  also  equipped  to  investigate  into  the 
various  troubles  and  defects  incident  to  every  form  of  clay  working,  which 
cannot  be  understood  or  avoided  except  by  use  of  such  scientific  investi- 
gation. Said  laboratory  shall  be  equipped  with  apparatus  for  chemical 
analysis,  with  furnaces,  and  kilns  for  pyrometric  and  practical  trials,  with 
such  machinery  for  the  grinding,  washing  and  preparation  of  clays  for 
manufacture  as  is  consistent  with  the  character  of  the  department.  (91 
V.  164.) 

(4105-33)  Sec.  4.  [Expert.]  Said  trustees  shall  employ  to  con- 
duct this  department  of  ceramics  a  competent  expert,  who  shall  unite  to 
the  necessary  education  and  scientific  requirements,  a  thorough  practical 
knowledge  of  clay  working,  and  not  less  than  two  years'  actual  experience 
in  some  branch  of  the  art.  It  shall  be  his  duty  to  teach  the  theoretical 
part  of  the  subject  and  to  conduct  the  laboratory  for  the  instruction  of 
students,  and  also  to  prosecute  such  scientific  investigation  into  the 
technology  of  the  various  clay  industries  as  may  be  practicable,  and 
from  time  to  time  to  publish  the  results  of  his  investigations  in  such 
form  that  they  will  be  accessible  to  the  clay  workers  of  the  state  for  the 
advancement  of  the  art.    (91  v.  164.) 

(4105-34)  Sec.  5.  [Appropriations.]  There  shall  be  hereafter 
appropriated  out  of  the  general  revenues  of  the  state  the  sum  of 
five  thousand  dollars,  to  be  expended  in  the  organization,  equipment 
and  maintenance  of  said  department,  as  provided  for  in  the  first  four 
sections  of  this  act,  for  the  current  year,  and  there  shall  be  appro- 
priated from  the  same  fund  the  sum  of  two  thousand  five  hundred 


202  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 

dollars  annually  for  two  years  for  the  salary,  supplies  and  all  other 
expenses  of  maintenance  of  said  department.     (91  v.   164.) 

(4105-35)  Sec.  2.  [Written  analysis  to  be  furnished  by  professor 
of  chemistry  at  agricultural  college.]  It  shall  be  the  duty  of  the 
professor  occupying  the  chair  in  the  chemical  and  mechanical  depart- 
ment of  the  Ohio  agricultural  and  mechanical  college,  upon  appli- 
cation, to  make  and  give  a  written  analysis  of  such  artificial  fertil- 
izers as  may  be  furnished  to  him  for  that  purpose.     (75  v.  91.) 

(4105-36)  Sec.  I.  [To  be  known  as  "The  Ohio  State  University."] 
The  educational  institution  heretofore  designated  as  the  Ohio  Agri- 
cultural and  Mechanical  College  shall  be  known  and  designated  hereaftei 
as  "The  Ohio  State  University."    (75  v.  126.) 

(4105-37)  Sec.  2.  [To  be  governed  by  board  of  seven  trustees; 
how  and  by  whom  appointed.]  The  government  of  said  university 
shall  be  vested  in  a  board  of  seven  trustees,  who  shall  be  appointed 
by  the  governor  of  the  state,  with  the  advice  and  consent  of  the 
senate ;  but  no  trustee,  or  his  relation  by  blood  or  marriage,  shall 
be  eligible  to  any  professorship  or  position  in  the  vmiversity,  the 
compensation  for  which  is  payable  out  of  the  state  treasury,  or 
said  college  fund.     (75  v.  126.) 

(4105-38)  Sec.  3.  [Their  terms  of  office;  to  be  paid  their  ex- 
penses while  engaged  in  the  discharge  of  duties.]  The  members  of 
said  board  of  trustees  and  their  successors  shall  hold  their  offices 
for  the  term  of  seven  years  each ;  provided,  that  the  trustees  first 
appointed  under  the  provisions  of  this  act  shall  hold  their  terms 
for  one,  two,  tfiree,  four,  five,  six,  and  seven  years,  respectively,  to 
be  fixed  by  the  governor  in  their  commissions.  In  case  a  vacancy 
shall  occur  from  death  or  other  cause,  the  appointment  shall  be  for 
the  unexpired  term.  The  trustees  shall  not  receive  any  compensa- 
tion for  their  services,  but  they  shall  be  paid  their  reasonable  and 
necessary  expenses  while  engaged  in  the  discharge  of  their  official 
duties.     (75  V.  126.) 

(4105-39)  Sec.  4.  [Powers  and  duties  of  board.]  The  board  of 
trustees  shall  have  power,  and  it  is  made  their  duty,  to  collect,  or  cause 
to  be  collected,  specimens  of  the  various  cereals,  fruits,  and  other  vege- 
table products,  and  ta  have  experiments  made  in  their  reproduction  upon 
the  lands  of  the  university,  and  to  make  report  of  the  same,  from  year 
to  year,  together  with  such  other  facts  as  may  tend  to  advance  the  inter- 
ests of  agriculture.     (75  v.  126.) 

(4105-40)  Sec.  5.  [Collections  of  specimens.]  The  board  of  trus- 
tees shall  have  power,  and  it  is  hereby  made  their  duty  to  secure  and  keep 
in  the  said  university  a  collection  of  specimens  in  mineralogy,  geology, 
zoology,  botany,  and  other  specimens  pertaining  to  natural  history  and 
the  sciences ;  and  it  shall  be  the  duty  of  the  president  of  the  university 


OHIO   SCHOOL   LAWS.  203 


Colleges  and  Universities.  Ch.  14. 


to  collect  and  deposit  in  the  said  university,  in  such  manner  as  shall  be 
directed  by  the  trustees,  a  full  and  complete  set  of  specimens  as  collected 
by  him  and  his  assistants,  together  with  a  brief  description  of  the  character 
of  the  same,  and  were  obtained ;  and  the  said  specimens  shall  be  properly 
classified  and  kept  for  the  benefit  of  said  university.    (75  v.  126.) 

(4105-41)  Sec.  6.  [Meetings  of  board  of  trustees.]  The  first 
meeting  of  the  members  of  the  board  shall  be  called  by  the  gover- 
nor, as  soon  after  the  appointment  of  said  board  as  convenient,  to 
be  held  at  said  university,  in  Columbus,  Ohio.  All  succeeding  meet- 
ings shall  be  called  in  such  a  manner,  and  at  such  times  as  the  board 
rriay  prescribe.  The  said  board  shall  meet  at  least  three  times  annu- 
ally, and  at  such  other  times  as  they  may  think  necessary  for  the 
best  interests  of  the  said  university.  A  majority  of  the  board  of  trustees 
present  at  any  meeting  shall  constitute  a  quorum  to  do  business: 
provided,  a  majority  of  all  the  board  shall  be  required  to  elect  or 
remove  a  president  or  professor.     (75  v,  126.) 

(4105-42)  Sec.  7.  [Annual  report  of  trustees;  fiscal  year;  print- 
ing and  distribution  of  report.]  The  board  of  trustees  shall  cause  to  be 
made  on  or  before  the  first  of  October  of  each  year  a  report  to  the  gov- 
ernor of  the  condition  of  said  university ;  the  amount  of  receipts  and  dis- 
bursements, and  for  what  the  disbursements  were  made ;  the  number  of 
professors,  officers,  teachers,  and  other  employes  and  the  position  and 
compensation  of  each  ;  the  number  of  students  in  the  several  departments 
and  classes,  and  the  course  of  instruction  pursued  in  each ;  also  an 
estimate  of  the  expenses  for  the  ensuing  year ;  a  statement  showing  the 
progress  of  the  university,  recording  any  improvements  and  experiments 
made,  with  their  costs  and  the  results,  and  such  other  matters  as  may  be 
supposed  useful.  Said  annual  report  shall  be  for  the  year  ending  June 
30,  and  the  said  Ohio  State  University  is  hereby  exempted  from  the  pro- 
visions of  section  172,  Revised  Statutes  of  Ohio.  There  shall  be  printed 
under  the  provision  of  section  58  of  the  Revised  Statutes  of  Ohio,  as 
amended  May  i,  1891  (O.  L.  v.  88,  p.  498),  five  thousand  copies  of  the 
said  annual  report,  to  be  distributed  by  the  trustees  in  such  manner  as 
they  shall  deem  best  for  the  interest  of  said  university.  The  president  of 
said  university  shall  transmit  by  mail  one  copy  to  the  secretary  of  the 
interior,  one  copy  to  the  secretary  of  agriculture,  and  one  copy  to  each 
of  the  colleges  which  are,  or  may  be  endowed  under  the  provisions  of 
the  act  of  congress  of  July  2,  1862.    (90  v.  292 ;  75  v.  126.) 

(4105-43)  Sec.  8.  [Funds  from  the  sale  of  land  script  to  form 
part  of  irreducible  debt;  and  interest  of  same  paid  to  university.] 
All  funds  derived  from  the  sale  of  land  script  issued  to  the  state 
of  Ohio  by  the  United  States,  in  pursuance  of  the  aforesaid  act  of 
congress,  together  with  the  interest  accumulated  thereon,  shall  con- 
stitute a  part  of  the  irreducible  debt  of  this  state,  the  interest  upon 


204  OHIO   SCHOOL   LAWS. 


Ch.  14  Colleges  and  Universities. 


which,  as  provided  by  the  act  of  February  lo,  1870  (O.  L.,  vol.  67, 
p.  15),  shall  be  paid  to  the  university  by  the  auditor  of  state,  upon  the 
requisition  of  the  commissioners  of  the  sinking  fund,  issued  on  the 
■certificate  of  the  secretary  of  the  board  of  trustees,  that  the  same 
has  been  appropriated  by  said  trustees  to  the  endowment,  support, 
and  maintenance  of  the  university,  as  provided  in  the  act  of  congress 
aforesaid.      (75  v.   126.) 

(4105-44)  Sec.  9.  [Compensation  of  president,  professors,  teach- 
•ers,  etc.]  That  said  board  of  trustees  shall  fix  the  compensation 
for  the  president,  professors,  teachers  and  all  other  employes  of  the 
university;  provided,  that  the  compensation  for  the  services  of,  the 
professors  shall  not  exceed  twenty-five  hundred  dollars  each  per 
annum.     (91  v.  74;    75  v.  126.) 

(4105-45)  Sec.  10.  [Branches  prescribed  at  Ohio  State  Univer- 
sity.] It  shall  be  the  duty  of  the  board  of  trustees,  in  connection  with 
the  faculty  of  the  university,  to  provide  for  the  teaching  of  such  branches 
of  learning  as  are  related  to  agriculture  and  the  mechanic  arts,  mines, 
and  mine  engineering,  and  military  tactics,  and  such  other  scientific  and 
classic  studies  as  the  resources  of  the  fund  will  permit.  (1880,  April  15; 
jy  V.  227;   Rev.  Stat.,  1880;   75  v.  126.) 

(4105-46)  Sec.  I.  [Computation  and  investment  of  interest.]  The 
auditor  of  state  be  and  is  required  to  compute  the  interest  which  has 
accrued  and  will  accrue  on  the  agricultural  college  scrip  fund  since  the 
same  has  been  sold,  to  July  first,  one  thousand  eight  hundred  and  sev- 
enty, compounding  the  same  by  semi-annual  rests  on  the  first  day  of 
January  and  the  first  day  of  July  in  each  year ;  and  on  the  fifteenth  day 
-of  June  eighteen  hundred  and  seventy  to  transfer  the  sum  so  arising 
to  the  said  college  fund,  and  invest  the  same  in  the  interest-bearing 
bonds  of  the  state,  in  the  same  manner  as  the  principal  of  the  said  fund 
is  now  invested.     (67  v.  15.) 

(4105-47)  Sec.  2.  [How  interest  invested.]  That  on  the  first  day 
of  July,  eighteen  hundred  and  seventy,  and  every  six  months  thereafter 
(viz:  on  the  first  day  of  January  arfd  July,  respectively)  the  auditor 
of  state  shall  invest  the  interest  of  said  funds  falling  due  in  the  same 
manner  as  the  principal  now  invested.     (67  v.    15.) 

(4105-48)  Sec.  I.  [Trustees  of  Ohio  State  University  authorized 
to  make  deeds.]  As  soon  as  the  board  of  trustees  of  the  Ohio  State 
University  accepts  the  provisions  hereinafter  made,  it  is  hereby  author- 
ized and  required  to  execute  and  deliver  upon  demand,  a  deed  of  con- 
veyance to  the  parties  in  possession  under  claim  of  title  of  any  unpat- 
ented survey  or  part  thereof,  in  said  Virginia  Military  District ;  pro- 
vided, however,  that  all  applicants  for  such  deed  must  furnish  said  trus- 
tees with  a  certified  copy  of  the  deed  under  which  they  claim,  and  if 
required,  a  certified  copy  of  the  unpatented  survey  in  which  their  lands 


OHIO   SCHOOL   LAWS.  205 


Colleges  and  Universities.  Ch.  14. 


are  situate,  as  the  necessary  evidence  to  satisfy  the  board  that  the  same 
has  never  been  patented,  but  has  been  occupied  and  improved  by  the 
said  parties  in  possession  or  those  under  whom  they  claim  title,  for  more 
than  twenty-one  years.  Provided,  also,  that  each  applicant  shall  pay 
the  board  of  trustees  the  sum  of  two  dollars,  as  the  cost  of  preparing  and 
executing  such  deed.     (86  v.  92.) 

(4105-49)  Sec.  2.  [Duty  of  auditor  of  state.]  The  auditor  of 
state  shall  add  the  sum  of  one  dollar  per  acre,  reckoned  by  the  num- 
ber of  acres  of  land  in  each  actual  survey  for  all  conveyances  so  made 
to  that  part  of  the  irreducible  debt  of  the  state,  which  forms  the  en- 
dowment of  said  Ohio  State  University ;  provided,  that  in  cases  where 
suit  has  been  brought  for  the  recovery  of  said  lands,  persons  demanding 
deeds  of  release, 'shall  pay  all  court  costs  of  such  suits.     (86  v.  92.) 

(4105-50)  Sec.  I.  [Relief  of  persons  who  wrongfully  paid  for 
lands  in  Virginia  Military  District;  duty  of  auditor  of  state.)  All  per- 
sons who  were  in  possession  of  lands  in  the  X'irginia  Military  District 
under  claim  of  title  of  an  unpatented  survey  or  part  thereof,  said  lands 
having  been  occupied  and  improved  by  said  persons  in  possession  or 
those  under  whom  they  claim  title  for  more  than  twenty-one  years  and 
were  compelled  by  suit,  or  the  fear  thereof,  to  pay  the  Ohio  State  Uni- 
versity for  said  lands,  are  hereby  authorized  to  present  a  statement  of 
the  amount  of  money  so  paid  by  them,  together  with  all  the  facts  re- 
lating to  the  land  held  by  them  and  their  title  thereto,  to  a  board  com- 
posed of  the  secretary  of  state,  auditor  of  state  and  attorney  general, 
who  are  hereby  authorized  and  empowered  to  examine  such  statements 
and  call  for  and  examine  such  other  testimony  as  they  see  fit,  and  if 
upon  such  examination  said  board  are  satisfied  that  said  persons  are 
justly  entitled  to  relief  as  those  persons  were  who  have  obtained  relief 
under  the  provisions  of  the  aforesaid  act,  then  said  board  shall  deter- 
mine how  much  said  party  has  wrongfully  paid  and  issue  an  order  to 
the  auditor  of  state  directing  him  to  draw  his  warrant  on  the  treasurer 
of  state  for  the  said  amount  in  behalf  of  the  person  filing  said  state- 
ment; provided,  that  where  such  claims  have  been  heretofore  as  (or) 
shall  hereafter  be  allowed  by  said  1>oard,  the  auditor  of  state  shall  add 
the  amount  thereof  to  that  part  of  the  irretlucible  debt  of  the  state  which 
constitutes  the  endowment  fund  of  said  Ohio  State  University.     (91 

V.  375;  90  V.  221.) 

(4105-51)  Sec.  2.  [Appropriation.]  That  there  be  and  is  hereby 
appropriated,  out  of  any  money  in  the  state  treasury  accredited  to  the 
fund  of  the  Ohio  State  University,  the  sum  of  twelve  hundred  and  ninety- 
six  dollars  to  pay  said  warrants.     (90  v.  221.) 

(4105-52)  Sec.  3.  [Costs  of  obtaining  evidence.]  That  persons 
filing  such  statements  shall  pay  all  the  costs  incurred  in  obtaining  evi- 
dence.    (90  V.  221.) 


206  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 


(4105-53)  Sec.  4.  [Report  to  general  assembly.]  Said  board 
shall  report  all  its  proceedings  to  the  general  assembly.     (90  v.  221.) 

WILBERFORCE   UNIVERSITY. 
Members  of  the  legislature  not  eligible  to  be  trustees;    Sec.  18-1,   R.'  S. 

(4105-54)  Sec.  I.  [Normal  and  industrial  department  at  Wilber- 
force  University.]  There  shall  be  established  and  maintained  at  Wil- 
berforce  University,  in  Greene  county,  Ohio,  a  combined  normal  and 
industrial  department.     (84  v.   127.) 

(4105-55)  Sec.  2.  [Board  of  trustees;  appointment  by  governor, 
etc.]  To  carry  out  the  purposes  of  this  act,  there  shall  be  and  hereby 
is  created  a  board  of  nine  trustees  to  be  known  as  "the  board  of  trus- 
tees of  the  combined  normal  and  industrial  department  at  Wilberforce 
University,"  five  shall  be  appointed  by  the  governor. by  and  with  the 
consent  of  the  senate,  and  three  shall  be  chosen  by  the  board  of  trustees 
of  said  university.  The  president  of  the  university  shall  be  ex-ofificio 
a  member  of  said  board.  The  trustees  so  to  be  appointed  by  the  gover- 
nor, as  aforesaid,  shall  be  appointed,  on  or  efore  the  first  day  of  May, 
1896,  and  they  shall  hold  their  offices  respectively  as  follows:  One  for 
one  year,  two  for  two  years,  and  two  for  four  years  the  term  of  such 
to  begin  to  run  from  July  first,  1896;  said  term  shall  be  designated  by 
the  governor  in  his  message  of  appointment  to  the  senate  and  in  the 
commission  issued  to  said  trustees.  At  the  session  of  the  senate  next 
preceding  the  expiration  of  the  term  of  any  trustee,  the  governor  shall 
appoint  his  successor  for  the  term  of  four  years;  and  every  appoint- 
ment of  the  governor  under  this  act  shall  be  submitted  to  the  senate 
for  confirmation.     (92  v,  275;  89  v.  368;   87  v.  215;  84  v.  127.) 

(4105-56)  Sec.  3.  [Choosing  of  trustees  by  university  board.] 
The  three  trustees  to  be  chosen  as  aforesaid  by  the  board  of  trustees  of 
said  university  shall  be  chosen  at  the  first  regular  meeting  of  said  board 
in  June.  1892,  after  the  passage  of  this  act;  and  the  three  so  chosen 
at  such  meeting,  shall  hold  their  offices,  respectively,  as  follows:  One 
for  one  year,  one  for  two  years,  and  one  for  three  years,  and  the  term 
of  each  to  begin  to  run  from  the  third  Thursday  in  June,  1892.  In  an- 
ticipation of  the  exipration  of  the  term  of  any  trustee  so  chosen,  the 
said  university  board  shall,  annually  thereafter  at  its  regular  meeting 
choose  his  successor,  who  shall  hold  his  office  for  (the)  term  of  three 
years.     (89  v.  368;  84  v.  127.) 

(4105-57)  Sec.  4.  [Vacancies.]  In  case  a  vacancy  in  that  por- 
tion of  the  board  so  appointed  by  the  governor  or  chosen  by  the  uni- 
versity board  shall  occur  from  death,  resignation,  or  other  cause,  the  ap- 
pointment or  selection  to  fill  such  vacancy  shall  be  made  in  the  one  case 
by  the  governor,  and  in  the  other  by  the  executive  board  of  said  uni- 
versity for  the  unexpired  term.     (84  v.  127.) 


OHIO    SCHOOL    LAWS.  207 


Colleges  ai»d  Uaiversities.  Ch.  14. 


(4105-58)  Sec.  5.  [Names  of  trustees  chosen  by  university  board 
to  be  certified  to  governor.]  It  shall  be  the  duty  of  the  secretary 
of  the  said  university,  immediately  upon  choice  being  made  by  the 
university  board  of  three  trustees  as  aforesaid,  to  certify  to  the 
governor,  under  the  seal  of  said  university,  the  names  of  the  per- 
sons SO  chosen  as  trustees  under  this  act,  with  their  terms,  respec- 
tively ;  and  also  the  name  of  the  person  chosen  by  said  executive 
board  at  any  time  to  fill  a  vacancy,     (84  v.  127.) 

(4105-59)  Sec.  6.  [Meetings  of  trustees;  their  expenses.]  The 
board  of  trustees  created  under  this  act  shall  meet  in  regular  ses- 
sion at  said  university  twice  a  year;  the  first  meeting  shall  be  on 
the  third  Thursday  in  June,  and  the  second  on  the  first  Thursday 
in  November  of  each  year ;  but  other  meetings  may  be  held  at  such 
places  and  times  as  a  majority  of  the  board  may  determine.  The 
said  trustees  shall  receive -no  compensation,  but  shall  be  reimbursed 
their  traveling  and  other  reasonable  and  necessary  expenses  out  of 
appropriations  under  this  act.     (89  v.  368;   84  v.  127.) 

(4105-60)  Sec.  7.  [Powers  and  duties  of  trustees.]  It  shall  be  the 
duty  of  said  board  of  trustees  created  under  this  act  to  take,  keep  and 
maintain  exclusive  authority,  directions,  supervision  and  control  over  the 
operations  and  conduct  of  said  normal  and  industrial  department,  so  as 
to  assure  for  it  the  best  attainable  results  with  the  aid  hereby  secured  to  it 
from  the  state.  Said  board  shall  determine  the  branches  of  industry  to  be 
pursued,  purchase,  through  a  suitable  and  disinterested  agent,  the  nec- 
essary means  and  appliances,  select  a  superintednent  for  the  industrial 
branch  of  the  department,  fix  his  salary  and  prescribe  his  duties  and 
authority.  The  expenditures  of  all  moneys  appropriated  under  this  act 
for  carrying  out  its  purposes  and  provisions,  shall  be  made  only  under 
such  regulations  and  for  such  specific  purposes  not  herein  provided  for,  as 
the  board  of  trustees  of  said  department  shall  establish;  but  no  money 
hereby  appropriated  by  the  state  shall  be  used  at  any  time  for  any  purpose 
not  in  direct  furtherance  and  promotion  of  the  objects  of  the  department. 
(84  V.  127.) 

(4105-61)  Sec.  8.  [Non-sectarian  character  of  department.]  No 
sectarian  influence,  direction  or  interference  in  the  management  or 
conduct  of  the  affairs  or  education  of  said  department  shall  be  per- 
mitted by  its  board;  but  its  benefits  shall  be  open  to  all  applicants 
of  good  moral  character  and  within  the  limitations  of  age  determined 
by  said  board.     (84  v.   127.) 

(4105-62)  Sec.  9.  [Payment  to  university  of  state  appropriations; 
bond  of  treasurer.]  Upon  the  certificate  of  the  board  of  trustees  of 
said  department  that  the  necessary  steps  have  been  taken  by  the  board 
of  trustees  of  said  university  to  co-operate  with  the  department  trus- 


208  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges  and  Universities. 


tees  in  carrying  out  the  purposes  of  this  act  by  granting  the  use 
of  its  buildings,  grounds  and  educational  facilities,  there  shall  be 
paid  to  the  treasurer  of  said  department,  semi-annually,  one-half 
of  such  amounts  as  may  be  annually  appropriated  by  the  general 
assembly  for  the  purposes  therein  named.  The  treasurer  of  said 
department  shall  give  to  the  state  of  Ohio  a  bond  to  be  approved 
by  the  attorney  general  in  the  sum  of  twenty  thousand  dollars,  con- 
ditioned that  he  shall  faithfully  discharge  his  duties  and  account  for 
any  money  coming  into  his  hands  from  the  state  of  Ohio.  (92  v. 
275;   84  V.  127.) 

(4105-63)  Sec.  10.  [Annual  report,  and  estimate  of  appropria- 
tions.] The  board  of  trustees  shall  cause  to  be  made  on  or  before 
the  first  day  of  December,  eighteen  hundred  and  eighty-eight  (and) 
each  year  thereafter,  a  report  to  the  governor  of  the  condition,  prog- 
ress and  results  of  said  department,  with  an  estimate  of  what  appro- 
priation shall  be  required  to  secure  the  objects  of  this  act.    (84  v.  127.) 

(4105-64)  Sec.  II.  [Designation  of  pupils  by  members  of  general 
assembly.]  Each  senator  and  representative  of  the  general  assembly 
of  the  state  of  Ohio  may.  designate  one  or  more  youth  resident  of 
his  district  who  shall  be  entitled  to  attend  the  said  normal  and  in- 
dustrial department  free  of  tuition.     (92  v.  275;   84  v.  127.) 

(4105-65)  Sec.  12.  [Appropriations;  application  of  revenues.] 
For  the  purpose  of  carrying  out  the  provisions  of  this  act,  there 
shall  be  levied  annually  a  tax  on  the  grand  list  of  taxable  property 
of  the  state,  which  shall  be  collected  in  the  same  manner  as  other 
state  taxes,  and  the  proceeds  of  which  shall  constitute  "the  fund 
of  the  combined  normal  and  industrial  department  at  Wilberforce 
university."  The  rate  of  such  levy  shall  be  designated  by  the  gen- 
eral assembly  at  least  once  in  two  years,  and  if  the  general  assembly 
shall  fail  to  designate  the  rate  for  any  yeai",  the  same  shall  be  for 
the  said  fund  of  the  "combined  normal  and  industrial  department 
of  Wilberforce  university"  one-hundredth  of  one  mill  upon  each  dol- 
lar of  valuation  of  such  taxable  property.  The  same  shall  be  paid  to 
the  treasurer  of  the  normal  and  industrial  department  at  Wilberforce  Uni- 
versity in  accordance  with  the  provisions  of  section  12  of  said  act.  All 
revenue  arising  from  tuitions,  sales  of  products  or  otherwise  under  the 
aforesaid  department  shall  be  applied  by  its  board  of  trustees  to  defray 
its  expenses,  or  to  increase  its  efficiency,  a  strict  account  of  which  shall 
be  kept  by  the  department  board,  and  accompany  the  report  to  the  gov- 
ernor.    (92  V.  156;  84  V.  127.) 

(4105-66)  Sec.  I.  [Additional  appropriations  for  Wilberforce 
University.]  There  is  hereby  appropriated  out  of  any  moneys  in 
the  treasury  to  the  credit  of  the  general  revenue  fund  not  otherwise 


OHIO   SCHOOL   LAWS.  209 


Colleges  and  Universities.  Ch.  14. 


appropriated,  for  combined  normal  and  industrial  department  at  Wil- 
berforce  University,  two  thousand  dollars,  the  same  being  the  bal- 
ance due  said  institution  under  the  provisions  of  an  act  passed  March 
19,  1887.  And  this  amount  shall  be  in  full  of  all  claims  against  the 
state  by  said  university.     (86  v.  392.) 


14   S.  L. 


210 


OHIO    SCHOOL    LAWS. 


Ch.  15. 


Schools  Specially  Endowed. 


CHAPTER  15. 

SCHOOLS  SPECIALLY  ENDOWED. 


Section. 

4105-70.     Same;    oath;   bond. 

4105-71.    Accounts    to    be    rendered. 

4105-72.     Visitors. 

4105-73.    When   to   take   eflfect. 


Section. 

4105-67.  Courts  of  common  pleas  to  appoint 
trustees  for  schools  specially  en- 
dowed;   powers    of   trustees. 

4105-68.     Filling  vacancies. 

4105-69.    Dutips   of  trustees. 

(4105-67)  Sec.  I.  [Courts  of  common  pleas  to  appoint  trustees 
for  schools  specially  endowed;  powers.]  Whenever  any  person  shall, 
by  deed,  devise,  g-ift  or  otherwise,  set  apart  any  lands,  moneys  or 
effects,  as  an  endowment  of  a  school  or  academy,  not  previously 
established,  and  shall  not  provide  for  the  management  of  such  school 
or  academy,  the  court  of  common  pleas  of  the  proper  county  shall 
appoint  five  trustees,  who  shall  have  the  control  and  management 
of  the  property,  moneys,  and  effects,  so  set  apart,  and  of  the  school 
or  academy  thus  endowed,  and  shall  hold  their  offices  for  five  years, 
and  until  their  successors  are  elected  and  qualified;  but  in  mak- 
ing the  first  appointment  the  court  shall  appoint  one  trustee  for 
one  year,  one  for  two  years,  one  for  three  years,  one  for  four  years, 
and  one  for  five  years.  The  trustees  shall  be  a  body  corporate,  with 
perpetual  succession,  and  by  such  name  as  may  be  ordered  by  the  court 
making  the  first  appointment;  may  sue  and  be  sued;  have  a  corporate  seal 
and  the  same  alter  or  change  at  pleasure,  and  may  hold  all  kinds  of  estates, 
real  and  personal,  and  mixed,  which  they  may  acquire  by  purchase,  dona- 
tion, devise  or  otherwise.     (53  v.  33;  S.  &  C.  1383.) 

(4105-68)  Sec.  2.  [Filling  vacancies;  removal.]  The  said  court 
shall  annually  appoint  one  trustee,  to  fill  the  vacancy  then  occurring; 
ring;  and  at  any  other  time  fill  vacancies  that  may  occur  from  any 
cause,  for  the  unexpired  term ;  said  court  shall  also  have  power 
upon  sufficient  cause  shown,  reasonable  notice  of  the  time  and  place 
of  hearing  having  been  given  to  the  party  interested,  remove  any 
trustee,  and  may,,  until  a  hearing  be  had,  suspend  a  trustee  in  the 
exercise  of  his  office.     (53  v.  33;    S.  &  C.  1383.) 

(4105-69)  Sec.  3.  [Duties  of  trustees.] ,  The  trustees  shall  have 
power  to  establish,  from  time  to  time,  rules  and  regulations  for  the  man- 
agement and  safekeeping  of  the  property,  moneys,  and  effects,  belonging 
to  the  trust,  and  the  expenditure  of  the  income  thereof,  and  also  for  the 
management  and  government  of  the  school  or  academy;  which  rules 
and  regulations  shall  not  be  inconsistent  with  the  terms  of  the  deed, 
devise  or  gift,  creating  the  endowment,  or  with  the  laws  of  this  state; 
they  shall  not,  at  any  time,  or  for  any  cause,  incur  any  debt  or  liability, 
beyond  the  net  income  of  the  trust  property,  moneys,  and  effects,  or  use 
or  appropriate  the  same, .  otherwise  than  to  invest  for  the  purpose  of 


OHIO   SCHOOL    LAWS.  211 


Schools  Specially  Endowed.  Ch.  15. 

income,  any  part  of  the  principal  thereof,  unless  expressly  authorized 
so  to  do  by  the  terms  of  the  deed,  devise  or  giit,  creating  the  endowment 
of  trust.     (53  V.  33;   S.  &  C.  1383.) 

(4105-70)  Sec.  4.  [Same;  oath;  bond.]  The  trustees  shall,  im- 
mediately after  their  appointment,  organize  by  appointing  a  president, 
secretary,  and  treasurer,  from  their  own  number,  and  shall  severally  take 
and  subscribe- an  oath  to  faithfully  discharge  the  duties  of  trustees,  and 
deposit  the  same  with  the  county  auditor.  They  shall,  also,  before  taking 
possession  of  the  property,  moneys,  or  effects,  constituting  the  endowment 
or  trust,  severally  give  bond,  in  such  sum  as  the  court  may  require,  with 
two  or  more  sufficient  sureties,  to  be  approved  by  a  judge  of  said  court, 
whose  approval  shall  be  endorsed  on  the  bonds,  conditioned  for  the  faith- 
ful management  of  the  property,  moneys,  and  effects,  intrusted  to  them 
and  accountability  therefor  in  such  form  as  the  court  or  judge  may  re- 
quire ;  and  the  court  may,  from  time  to  time,  require  additional  bonds 
and  surety,  as  may  appear  necessary  for  the  preservation  of  the  trust 
estate.  The  bonds  required  shall  be  payable  to  the  state  of  Ohio,  and 
deposited  in  the  office  of  the  county  auditor  for  safe  keeping.  (53  v.  33; 
S.  &'C.  1383.) 

(4105-71)  Sec.  5.  [Accounts  to  be  rendered.]  The  trustees  shall, 
on  the  second  Monday  of  September,  in  each  year,  and  at  such  other 
times  as  the  court  may  require,  render  a  full  and  accurate  account,  state- 
ment, and  exhibit,  of  the  condition  of  the  school  or  academy  under  their 
management,  and  the  condition  of  the  trust  estate  and  funds;  and  shall 
cause  the  same  to  be  published  in  such  form  as  the  court  may  direct; 
which  account,  statement,  and  exhibit,  shall  be  sworn  to  by  the  president, 
secretarv.  and  treasurer,  or  some  two  of  them.     (53  v.  33;    S.  &  C. 

1383)   ' 

(4105-72)  Sec.  6.     [Visitors.]     The  court  of  common  pleas  of  the 

proper  county  shall,  annually,  at  the  first  session  after  the  second  Monday 
in  September,  appoint  three  competent  and  disinterested  persons,  who 
shall  have  authority  to  visit  any  such  school  or  academy  and  examine 
the  same,  together  \yith  the  condition  of  the  trust  estate  or  endowment, 
and  shall  report  thereon  to  the  court  making  the  appointment.  The  court 
shall  also  authorize  such  other  visitations  and  examinations  as  may  ap- 
pear to  be  necessary.     (53  v.  33;  S.  &  C.  1383.) 

(4105-73)  Sec.  7.  [When  to  take  effect.]  This  act  shall  apply  to 
endowments  heretofore  created,  as  well  as  to  those  hereafter  created, 
and  shall  take  effect  from  and  after  its  passage.     (53  v.  33;    S.  &  C. 

1383.) 


212 


OHIO    SCHOOL   LAWS. 


Ch.  14. 


Colleges,  and  Institutions  of  Learning. 


TITLE  11. 


CHAPTER  14. 

COLLEGES,  AND  INSTITUTIONS  OF  LEARNING. 


Section. 

3726.        Certain    corporations    may    appoint    a 
faculty   and   confer   degrees. 

May    hold    donated    property    in    trust. 

Who  constitute  the  faculty;  its  pow- 
ers. 

May  teach  mechanics  and  agriculture. 

May  change  stock  into  scholarships. 

Location    may   be   changed,    and   how. 

When  and  how  college  endowment 
fund   diverted. 

How  vacancies  in  boards  filled  in  cer- 
tain cases. 

Certain  corporations  may  increase 
their    property;    bonds. 

Statement  to  be  made  and  filed. 

How  certain  boards  may  be  consti- 
tuted   and    governed. 

Trustees   to   be   divided   into   classes. 

Term  of  office  of  trustees;  how  va- 
cancies  filled. 

When  the  board  is  to  be  enlarged. 

When  the  number  in  a  class  is  to  be 
reduced. 

A  conference  may  become  a  patron 
by  consent  of  other  bodies. 

Patronizing  bodies  may  appoint  vis- 
itors. 

When  the  right  of  representation  shall 
cease. 

What  action  the  board  must  first  take. 

Quorum;   how   constituted. 

Certain  corporations  may  have  bene- 
fit  of   subsequent   provisions. 

Alumni  may  elect  trustees  and  ap- 
point   visitors. 

Conduct   of   election. 

Returns  of  election,  and  certificates. 

Endowment  fund   corporation. 

How    certain    boards    may    be    consti- 
tuted  and   governed. 
Increase    in    number    of    trustees    of 
certain    corporations. 

Incorporation  of  colleges  under  eccle- 
siastical patronage;  what  articles 
shall    contain. 

Existing  corporations  may  avail 
themselves  of  provisions  of  act; 
how. 

Classes  and  election  of  trustees; 
president  ex-officio  member  of 
board;  term;  vacancies;  increase  in 
board. 


3727. 
3728. 

3729. 
3730. 
3731. 
3732. 

3733. 

3734. 

3735. 
3736. 

3737. 
3738. 

3739. 
3740. 

3741. 

3742. 

3743. 

3744. 
3745. 
3746. 

3747. 

3748. 
3749. 
3750. 
3751. 

3751a. 

3731 &. 


3751c. 


3752. 


Section. 


3754. 


3756. 

3757. 

3758. 
3759. 
3700. 

3761. 

3762. 


37626. 


3763. 


37C4. 

37a5. 
3766. 
3767. 


3768-2. 
3769. 


3770. 
3771. 


Assessments  may  be  made  against 
stockholders. 

Meeting  of  stockholders,  and  notice 
thereof. 

Meeting  may  fix  amount  of  assess- 
ment. 

How  much  may  be  assessed,  and  col- 
lection   thereof. 

The  board  of  military  academies;  how 
constituted,    etc. 

Board    of    visitors;    how    constituted. 

Duties   of   board   of   visitors. 

How  the  term  of  office  of  trustees  and 
directors    may    be    fixed. 

Certain  corporations  may  change  loca- 
tion. 

Sale  and  distribution  of  the  property 
of  certain   corporations. 

Certain  colleges,  whose  articles  of  in- 
corporation are  not  on  file  in  the 
office  of  the  secretary  of  state,  may 
file   same   there   and   amend. 

Colleges  may  change  name  and  pur- 
pose;  when;   procedure. 

Under  what  restrictions  medical  col- 
leges and  teachers  may  receive 
bodies  for  dissection;  body  to  be 
delivered  to  claimant;  interment  of 
body  after  examination  or  dissec- 
tion; notification  to  relatives;  pen- 
alties. 

Penalty  for  having  unlawful  posses- 
sion  of  corpse. 

(Repealed.) 

(Repealed.) 

Organic  rules  which  may  be  pre- 
scribed in  certain  articles  of  in- 
corporation. 

May  add  {o  the  objects  of  the  corpo- 
ration ;  acceptance  of  statutory  pro- 
visions. 

Authorizing  certain  mechanics'  insti- 
tutes to  borrow  money;  liability  of 
directors    and    trustees. 

Directors   not   personally   liable. 

Accounts  of  receipts  and  disburse- 
ments. 

Trustees   ineligible   to   other   office. 

Attorney  general  may,  by  action,  en- 
force duties  of  officers. 

How  number  of  trustees  of  certain 
colleges   increased. 


For   "an    act   to   aid   the   establishment   an 
dustrial   department  at  Wilberforce   University 
For  various   universities,    see   Sec.   4095. 


d    maintenance   of   a    combined    normal    and   in- 
Green  e  county,    Ohio,"   see   Sec.  4105-55. 


OHIO    SCHOOL   LAWS.  213 


Colleges,  and  iDstitutions  of  Learning.  Ch.  14. 

Sec.  3726.  [Certain  corporations  may  appoint  a  faculty  and  con- 
fer degrees.]  The  trustees  of  a  college,  university,  or  other  institution 
of  learning  incorporated  for  the  purpose  of  promoting  education,  re- 
ligion, morality,  or  the  fine  arts,  which  has  acquired  real  or  personal 
property  of  the  value  of  five  thousand  dollars,  and  which  has  filed 
in  the  office  of  the  secretary  of  state  a  schedule  of  the  kind  and 
value  of  such  property,  verified  by  the  oaths  of  the  trustees,  may 
appoint  a  president,  professors,  and  tutors,  and  any  other  necessary 
agents  and  officers,  and  fix  the  compensation  of  each,  and  may  enact 
such  by-laws,  not  inconsistent  with  the  laws  of  this  state  or  of 
the  United  States,  for  the  government  of  the  institution,  and  for 
conducting  the  affairs  of  the  corporation,  as  they  may  deem  neces- 
sary; and  may,  on  the  recommendation  of  the  faculty,  confer  all 
such  degrees  and  honors  as  are  conferred  by  colleges  and  univer- 
sities of  the  United  States,  and  such  others  having  reference  to 
the  course  of  study,  and  the  accomplishments  of  the  student,  as  they 
may  deem  proper,     (50  v.  128,  §  i ;  51  v.  403,  §§  2,  3 ;  S.  &  C.  266,  270.) 

Sec.  3726  made  partially  inoperative  in  84  v.  63,  65. 

Sec.  3727.  [May  hold  donated  property  in  trust.]  Any  univer- 
sity, college,  or  academy,  or  the  trustees  thereof,  may  hold  in  trust  any 
property  devised,  bequeathed,  or  donated  to  such  institution,  upon  any 
specific  trust  consistent  with  the  objects  of  the  corporation.  (50  v.  128, 
§5;   S.  &C.  267.) 

Where  a  subscription  is  made  in  writing  and  accepted,  and  liabilities  are  incurred  on 
the  faith  of  it,  iK  collection  cannot  be  defeated  on  the  ground  of  the  supposed  want  of  a 
valuable  or  legal  consideration.    16  O.  S.,  20. 

Sec.  3728.  [Who  constitute  the  faculty;  its  powers.]  The  presi- 
dent and  professors  shall  constitute  the  faculty  of  any  incorporated  liter- 
ary college  or  university,  and  may  enforce  the  rules  and  regulations  en- 
acted by  its  trustees  for  the  government  and  discipline  of  the  students, 
and  suspend  and  expel  offenders,  as  may  be  deemed  necessary.  (50  v. 
128.  §6;  S.  &C.  267.) 

Sec.  3729.  [May  teach  mechanics  and  agriculture.]  Any  incor- 
porated university,  college,  or  academy  may  connect  tiierewith,  to  be 
used  as  a  part  of  its  course  of  education,  any  mechanical  shops  and 
machinery,  or  lands  for  agricultural  purposes  not  exceeding  three  hun- 
dred acres,  to  which  may  be  attached  all  necessary  buildings  for  carry- 
ing on  the  mechanical  or  agricultural  operations  of  such  institution.  (50 
V.  128.  §8;   S.  &  C.  267.) 

For  "an  act  to  authorize  mechanics'  institutes  incorporated  in  this  state  prior  to  1861 
to  borrow  money  and  mortgage  real  estate  therefor,"   see  Sec.  378»-l. 

Sec.  3730.  [May  change  stock  into  scholarships.]  Any  company 
formed  in  pursuance  of  this  title,  or  which  now  exists  by  virtue  of  any 


214  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges,  and  Institutions  of  Learning. 


special  act  of  incorporation,  the  property  of  which  is  held  as  stock,  and 
not  derived  by  donation,  gift,  devise,-  or  gratuitous  subscription,  may 
change  its  capital  stock  into  scholarships,  when  it  becomes  necessary  for 
the  purpose  of  carrying  out  the  object  for  which  it  was  formed,  in  the 
manner  provided  in  section  thirty-two  hundred  and  sixty-two.  (50  v. 
128,  §§  9,  10;    S.  &  C.  268.) 

Sec.  3731.  [Location  may  be  changed,  and  how.]  A  college,  uni- 
versity, or  other  institution  of  learning,  now  existing  by  virtue  of  any  act 
of  incorporation,  or  th^t  may  hereafter  become  incorporated  for  any  of 
the  purposes  specified  in  this  chapter,  may,  if  three-fourths  of  the  trus- 
tees or  directors  thereof  deem  the  same  proper,  or  if  the  institution  is 
owned  in  shares,  or  by  stock  subscribed  or  taken,  by  a  vote  of  the 
holders  of  three-fourths  of  the  stock  or  shares,  change  the  location  of 
such  institution,  convey  its  real  estate,  and  transfer  the  effects  thereof, 
and  invest  the  same  at  the  place  to  which  such  institution  may  be  re- 
moved ;  but  no  removal  shall  be  ordered,  and  no  vote  taken  thereon, 
until  after  publication  in  the  manner  provided  in  the  last  section,  in 
which  notice  shall  be  fully  set  forth  the  place  to  which  it  is  proposed  to 
remove  such  institution,  and,  in  case  of  removal,  a  copy  of  the  proceed- 
ings of  such  meeting  shall  be  filed  with  the  secretary  of  state.  (52  v.  yy^ 
§12;    S.  &  C.  268.) 

Sec.  3732.  [When  and  how  college  endowment  fund 'diverted.] 
The  trustees  of  a  corporation  incorporated  for  the  purpose  of  creating, 
holding,  and  managing  a  college  endowment  fund,  the  articles  of  incor- 
poration of  which  provide  that  the  fund  may  be  applied  to  any  object  not 
inconsistent  with  the  purposes  of  education  diiTerent  from  that  particu- 
larly .specified  therein,  may  apply  to  the  court  of  common  pleas  in  the 
county  where  the  corporation  is  located  for  permission  to  make  such 
change,  designating  particularly  the  purposes  to  which  it  is  proposed 
to  apply  the  funds ;  and  the  court,  on  being  satisfied  that  such  change 
is  not  inconsistent  with  the  object  of  the  original  creation  and  institu- 
tion of  the  fund,  shall  authorize  and  sanction  the  change.  (51  v.  393, 
§2;   S.  &  C.  269.) 

Sec.  3733.  [How  vacancies  in  boards  filled  in  certain  cases.] 
Whenever  there  occurs  a  vacancy,  in  whole  or  in  part,  in  the  board  of 
trustees  of  an  incorporated  college,  seminary,  or  academy,  by  reason  of 
an  amendment  of  the  charter  in  such  corporation,  or  from  any  other 
cause,  and  there  is  no  provision  of  law  for  filling  such  vacancy,  the 
governor  shall,  within  three  months  after  receiving  information  thereof, 
appoint  the  required  number  of  trustees,  one-third  thereof  to  serve  for 
one  year,  one-third  to  serve  for  two  years,  and  one-third  for  three  years. 
(75  V.  25,  §  2.) 

Sec.  3734.  [Certain  corporations  may  increase  their  property; 
bonds.]    A  college,  university,  academy,  seminary,  or  other  institution 


OHIO   SCHOOL   LAWS. 


215 


Colleges,  and  Institutions  of  Learning.  Cb.  14. 

devoled  to  the  promotion  of  education,  now  existing  by  virtue  of  any 
special  act  of  incorporation,  or  organized  under  the  provisions  of  any 
law,  whose  property  is  derived  and  held  by  donation,  gift,  purchase, 
devise  or  gratuitous  subscription,  and  the  amount  of  which,  or  the  in- 
come arising  therefrom,  is  limited  by  such  special  act,  or  by  the  articles 
of  association  adopted  by  such  institution,  may  receive,  acquire,  possess 
and  hold  hereafter  any  amount  of  property,  real,  personal  or  mixed, 
which  its  board  of  directors  or  trustees  shall  deem  it  advisable  for  the  in- 
stitution to  accept,  and  may,  by  its  trustees,  sell,  dispose  of  and  convey 
the  same,  but  such  property  shall  not  be  diverted  from  the  express  will 
of  the  donor,  devisor  or  subscriber.  The  board  of  trustees  of  any  such 
college,  university,  academy,  seminary,  or  other  institution  devoted  to 
the  promotion  of  education,  in  anticipation  of  donations  to  be  received 
and  collections  to  be  made,  may,  for  the  purpose  of  constructing,  en- 
larging or  adding  to  any  college  buildings  or  improvements,  borrow 
such  sum  of  money  as  they  may  determine  necessary  for  such  purpose, 
and  may  issue  bonds  therefor  and  secure  the  same  by  mortgage  upon 
the  property  upon  which  such  improvement  is  to  be  made,  provided  such 
property  is  not  held  by  them  under  some  specific  trust.  (90  v.  71 ;  53 
V.  170,  §  I ;   S.  &  C,  368.) 

The  creation  of  a  fund  with  which  to  pay  an  indebtedness  of  an  educational  institution, 
is  not  a  consideration,  in  law,  for  a  written  promise  given  by  the  maker  to  the  institution 
with  a  view  to  contribute  to  that  object.    41  O.  S.,  627.  > 

Sec.  3735.  [Statement  to  be  made  and  filed.]  Before  any  such 
institution  shall  be  authorized  to  acquire  and  hold  such  additional  prop- 
erty, the  trustees  thereof,  at  a  reg^ilar  meeting  of  their  board,  or  at  a 
special  meeting  called  for  that  purpose,  shall,  from  time  to  time,  make 
and  §igfn  a  statement  specifying  the  amount  of  such  additional  prop- 
erty which  they  seek  to  acquire  and  hold,  and  shall  set  forth  therein  the 
purposes  to  which  it  is  to  be  devoted,  which  statements  shall  be  entered 
at  large  upon  the  record  book  of  the  trustees  and  be  filed  in  the  office 
of  the  secretary  of  state.     (90  v.  72;   53  v.  170,  §  2;   S.  &  C,  368.) 

Sec.  3736.  [How  certain  boards  may  be  constituted  and  gov- 
erned.] The  board  of  trustees  of  any  university  or  college  hereto- 
fore incorporated,  and  now  under  the  patronage  of  four  or  more 
conferences  or  other  religious  bodies  of  any  religious  denomination, 
may  accept  the  provisions  of  this  and  the  nine  suceeding  sections, 
by  resolution  adopted  at  any  regular  meeting  of  the  board,  and  en- 
tered upon  the  record  of  its  proceedings;  and  after  such  acceptance 
the  board  shall  in  all  respects  be  organized,  constituted,  regulated, 
and  perpetuated,  pursuant  to  and  under  said  provisions:  but  no 
right  acquired  by  any  such  board,  or  any  such  university  or  col- 
lege, under  its  charter,  or  any  law  of  this  state,  shall  in  any  way, 
be  affected  by  said  provisions.     (65  v.  188,  §  i ;   S.  &  S.,  106.) 


216  OHIO   SCHOOL   LAWS. 


Ch.  14.  Colleges,  and  "Institutions  of  Learning. 

Sec.  3737.  [Trustees  to  be  divided  into  classes.]  At  a  meeting 
of  such  board  held  after  a  vacancy  occurs  therein  it  shall  fill  such  vacancy, 
or  if  more  than  one  vacancy  has  occurred,  then  one  of  them,  by  appoint- 
ing the  president  of  the  university  or  college  a  trustee,  and  the  presi- 
dent of  such  university  or  college  shall,  ex-ofBcio,  be  a  trustee  perpetually 
thereafter;  the  board  shall  also,  at  such  meeting,  divide  its  number, 
excluding  the  said  president,  and  including  all  vacancies  except  the  one 
he  is  so  appointed  to  fill,  into  classes,  corresponding  in  number  to  the 
number  of  conferences  or  other  religious  bodies  at  the  time  patronizing, 
such  university  or  college,  such  classes  to  have  in  each  an  equal  num- 
ber of  trustees,  as  near  as  may  be;  and  the  board  shall  assign  one  of 
such  classes  to  each  of  the  conferences  or  other  religious  bodies,  and 
thereafter  each  may  fill  any  and  all  vacancies  in  the  class  so  assigned 
to  it.     (65  V.  188,  §  2;    S.  &  S.,  106.) 

Sec.  3738.  [Term  of  office  of  trustees;  how  vacancies  filled.] 
When  the  classes  of  trustees  are  formed,  as  provided  in  the  preceding 
section,  the  term  of  office  of  one  of  the  trustees  in  each  of  the  classes, 
to  be  selected  by  lot  in  open  session  of  the  board  of  trustees,  shall  ex- 
pire each  year,  and  the  persons  thereafter  elected  as  trustees  shall  act 
as  such  for  a  term  of  years  equal  in  number  to  the  number  of  trustees 
in  any  class,  except  a^  hereinafter  provided ;  but  the  term  of  office  of  a 
trustee  shall  not  expire  during  any  meeting  of  the  board  which  does  not 
continue  for  more  than  two  weeks ;  and  vacancies  whieh  occur  in  any 
class  of  trustees  otherwise  than  by  the  expiration  of  term  of  office  shall 
be  filled  only  for  the  remainder  of  the  term.  (65  v.  188,  §  3;  70  v.  157, 
§1;  S.  &S.,  107.) 

Sec.  3739.  [When  the  board  is  to  be  enlarged.]  If  the  number  of 
the  conferences  or  other  religious  bodies  patronizing  any  such  university. 
or  college,  the  board  of  trustees  of  which  has  been  divided  into  classes 
as  hereinbefore  provided,  be  increased  to  not  exceeding  six,  the  board 
of  trustees  shall  be  enlarged  to  the  extent  of  one  additional  class  of  trus- 
tees for  each  of  such  additional  conferences  or  other  religious  bodies,  such 
additional  classes  to  have  in  each  a  number  of  trustees  equal  to  the  num- 
ber in  any  one  of  the  former  classes;  and  each  of  such  additional  con- 
ferences or  other  religious  bodies  may  elect,  as  members  of  the  board, 
the  number  in  its  class,  one  for  one  year,  one  for  two  years  and  one  for 
three  years,  and  so  on  to  the  extent  of  the  number;  and  each  of  such 
additional  conferences  or  other  religious  bodies  may  fill  any  vacancy  in 
its  class.  And  such  board  of  trustees  composed  according  to  the  fore- 
going provisions  and  the  provisions  of  section  thirty-seven  hundred  and 
forty-seven  of  this  chapter,  without  regard  to  the  number  of  members 
so  composing  it,  may  increase  its  own  numbers  by  the  election  of  trustees 
at  large,  not  exceeding  the  number  of  conferences  or  other  religious  bod- 


OHIO   SCHOOL   LAWS.  217 


Colleges,  and  Institutions  of  Learning.  Ch.  14. 

ies  co-operating  with  or  patronizing  such  university  or  college,  and  may 
divide  such  trustees  at  large  into  classes,  at  its  discretian.  (89  v.  119; 
65  V.  188,  §  4;   S.  &  S.,  107.) 

Sec.  3740.  [When  the  number  in  a  class  is  to  be  reduced.]  If  the 
number  of  such  patronizing  conferences  or  other  religious  bodies  at  any 
time  exceeds  six,  the  representation  of  each  shall  be  reduced  by  lot,  in 
open  session  of  the  board  of  trustees,  to  a  class  of  three  trustees,  if 
they  exceed  that  number,  who  shall  thereafter  be  elected  to  serve  as 
trustees  for  the  term  of  six  years,  and  in  that  case  the  term  of  office  of 
one  trustee  in  each  class  shall  expire  every  second  year.  (65  v.  188,  § 
5;  S.  &S.,  107.). 

Sec.  3741.  [A  conference  may  become  a  patron  by  consent  of 
other  bodies.]  Any  conference  or  other  religious  body,  not  patroniz- 
ing any  particular  university  or  college,  may  become  such  patroniz- 
ing conference  or  religious  body,  by  'and  with  the  consent  of  the 
conferences  or  other  religious  bodies  at  the  time  patronizing  such 
university  or  college.     (65  v.  188,  §  6;    S.  &  S.,  107.) 

Sec.  3742.  [Patronizing  bodies  may  appoint  visitors.]  Each  con- 
ference or  other  religious  body  patronizing  any  particular  university  or 
college  may,  annually,  appoint  two  visitors,  and  the  board  of  trustees  of 
a  college  or  university  may  provide,  at  the  time  of  its  organization,  by 
resolution  adopted  and  entered  on  its  records,  for  the  appointment  of 
two  visitors  by  each  conference  or  other  religious  body  patronizing  such 
college  or  university;  and  such  visitors  shall  attend  the  meetings  of  the 
board  of  trustees  of  such  university  or  college,  and,  with  the  trustees, 
constitute  a  joint  board  for  the  appointment  and  removal  of  all  officers, 
professors,  and  instructors  of  the  university  or  college.  (73  v.  163,  §  7; 
S.  &  S.,  107.) 

Sec.  3743.  [When  the  right  of  representation  shall  cease.]  If  a 
conference  or  other  religious  body  patronizing  any  university  or  college, 
and  having  a  representation  in  its  board  of  trustees,  cease  to  exist,  or 
cease  to  patronize  such  university  or  college,  the  right  of  such  confer- 
ence or  other  religious  body  to  such  representation  shall  cease,  and  its 
board  of  trustees  shall  be  thereby  and  to  that  extent  reduced  in  num- 
bers.    (65  V.  188,  §  8 ;  73  V.  163 ;  S.  &  S.,  107.) 

Sec.  3744-  [What  action  the  board  must  first  take.]  Before  a 
conference  or  other  religious  body  not  represented  in  the  board  of  trus- 
tees of  any  university  or  college  shall  be  entitled  to  be  represented  there- 
in, and  before -any  conference  or  any  other  religious  body  represented 
therein  shall  be  deprived  of  such  representation  as  provided  in  the  pre- 
ceding section,  the  board  shall  declare,  and  cause  to  be  entered  in  the 
record  of  its  proceedings,  that  the  conditions  and  contingencies  here- 
inbefore provided  for  in  that  behalf  have  taken  place.  (65  v.  188,  §  9; 
S.  &  S.,  107.) 


218  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges,  and  Institutions  of  Learning. 

Sec.  3745.  [Quorum;  how  constituted.]  Eleven  trustees  shall 
constitute  a  quorum  of  the  board  of  any  such  university  or  college,  what- 
ever the  number  of  trustees  constituting  the  board  is  or  may  become,  if 
the  number  is  more  than  twenty;  and  if  the  number  is  twenty  or  less, 
a  majority  thereof  shall  constitute  a  quorum.  (65  v.  188,  §  10;  S.  & 
S.,  108.) 

Sec.  3746.  [Certain  corporations  may  have  benefit  of  subsequent 
provisions.].  The  board  of  trustees  of  any  university  or  college  which 
has  accepted  or  hereafter  accepts  the  provisions  of  the  ten  preceding  sec- 
tions, may  accept  the  provisions  of  the  three  succeeding  sections  by  res- 
olution adopted  at  any  regular  meeting  of  the  board,  and  entered  upon 
the  record  of  its  proceedings,  and  thereafter  the  board,  and  the  univer- 
sity or  college,  shall  be  subject  to  (the)  provisions  thereof.  (69  v.  yi, 
§1.) 

Sec.  3747.  [Alumni  may  elect  trustees  and  appoint  visitors.] 
After  such  acceptance  by  the  board  of  any  university  or  college,  the 
alumni  thereof  (composing  the  alumnal  association  thereof)  may 
elect  as  members  of  the  board  of  trustees  of  such  college  or  univer- 
sity, members  of  such  alumnal  association,  in  numbers  equaling  the 
numbers  of  the  conferences  co-operating  with  or  patronizing  such 
university  or  college,  and  may  divide  such  alumnal  trustees  into 
classes,  and  perpetuate  the  same;  and  such  alumni  may,  at  the  same 
time,  elect  as  visitors  members  of  their  association  equaling  in  num- 
bers one-half  of  the  numbers  of  the  conferences  or  other  religious 
bodies  co-operating  with  or  patronizing  such  university- or  college^ 
and  such  visitors  shall  have  the  same  powers  and  duties  as  visitors 
appointed  by  any  conference  or  other  religious  body  aforesaid ;  pro- 
vided, that  when  women  are  members  of  the  alumnal  association 
so  electing,  they  shall  be  eligible  as  visitors ;  provided,  further,  that 
the  board  of  trustees  shall  be  judge  of  the  validity  of  the  elec- 
tion and  the  returns  thereof,  of  trustees  and  visitors  elected  under  this 
section.     (89  v.  120;   81  v.  174;   Rev.  Stat.  1880;   69  v.  71,  §  2;   76  v. 

87,  §  I.)      . 

Sec.  3748.  [Conduct  of  elections.]  The  election  of  trustees  and 
visitors  by  the  alumni  shall  be  by  ballot,  and  held  each  year,  beginning 
the  year  after  such  acceptance,  on  the  secular  day  next  before  the  day 
of  commencement  of  such  university  or  college,  at  such  place  in  a  build- 
ing on  its  grounds  as  may  be  designated  by  the  president  of  the  alumnal 
association  by  written  notice  posted  the  day  before  the  election  in  at  least 
two  public  places  on  such  grounds ;  and  the  polls  shall  be  opened  at  the 
hour  named  in  said  notice,  which  shall  not  be  later  than  three  o'clock 
p.  m.,  and  shall  be  kept  open  for  two  hours  thereafter.  The  election 
shall  be  conducted  by  three  judges  and  two  clerks,  who  shall  be  mem- 
bers of  said  association  and  be  chosen  by  the  members  present  at  the 


OHIO   SCHOOL    LAWS.  219 


Colleges,  and  Institutions  of  Learning.  Ch.  14. 

place  of  voting  at  the  time  for  opening  the  polls,  and  they  shall'  certify 
to  the  board  of  trustees  the  result  of  such  election,  with  a  list  of  the 
members  voting  thereat ;  each  ballot  shall  contain  the  names  of  the  per- 
sons voted  for,  the  office  which  each  is  to  fill  and  a  designation  of  the 
term  for  which  he  is  to  serve.  At  such  election  all  members  of  the 
alumnal  association  of  such  university  or  college  shall  be  entitled  to  vote, 
and  members  not  in  attendance  may  exercise  their  right  by  sending  bal- 
lots conformable  to  the  foregoing  provisions,  with  their  names  thereon 
indorsed,  and  addressed  under  seal  to  the  president  of  such  association. 
(89' V.  120;   69  v.  71,  §  3.) 

Sec.  3749.  [Returns  of  the  election,  and  certificates.]  After  the 
polls  are  closed  the  result  shall  be  ascertained  and  certified  to  by 
the  judges  and  clerks,  and  the  person  or  persons,  not  exceeding 
the  number  to  be  elected  as  trustees,  having  received  the  highest 
number  of  votes  for  trustee  or  trustees,  shall  be  declared  elected 
as  trustee  or  trustees  as  designated  on  the  ballot,  and  the  two  per- 
sons who  receive  the  highest  number  of  votes  for  visitors  shall  be 
declared  elected,  but  their  terms  of  office  shall  not  beg^n  until  after 
the  final  adjournment  of  the  regular  meeting  of  the  trustees  for 
that  year;  if  any  two  or  more  persons  receive  an  equal  number  of 
votes  for  the  same  office  of  trustee  or  visitor,  one  of  them,  as  may 
be  determined  by  lot  by  the  judges,  in  the  presence  of  all  the  electors 
who  may  wish  to  be  present,  shall  be  the  trustee  or  visitor,  and  shall  be  so 
declared;  and  duplicate  certificates  of  election  shall  be  signed  by  the 
judges  and  clerks,  and  delivered  by  them,  one  to  each  of  the  persons 
elected,  and  the  other,  with  the  poll  books  duly  certified  by  the  judges  and 
clerks,  to  the  secretary  of  the  board  of  trustees  of  the  university  or  col- 
lege, the  next  day  after  the  election,  which  certificate  he  shall  enter  of  re- 
cord in  the  book  containing  the  proceedings  of  the  board  of  trustees.     (69 

v.7i-§3-) 

Sec.   3750.     [Endowment  fund  corporations.]     The   trustees  of 

a  corporation  incorporated  for  the  purpose  of  creating  a  fund,  the 
income  of  which  is  to  be  applied  to  the  promotion  of  education, 
may  receive  subscriptions  for  membership  in  the  corporation,  and 
they,  or  a  majority  of  them,  by  giving  ten  days'  notice,  by  publi- 
cation in  the  county  where  the  corporation  is  located,  may  call  a 
meeting  of  members  to  adopt  by-laws,  and  elect  not  more  than  nine 
directors;  each  member  shall  have  a  vote  for  every  amount  by 
him  subscribed  equal  to  that  in  the  articles  of  incorporation  speci- 
fied as  necessary  for  rfiembership,  which  may  be  cast  in  person  or 
by  proxy,  but  at  no  subsequent  meeting  may  a  member  vote  for  or  be 
eligible  as  a  director  who  is  in  arrears  to  the  corporation :  and  the 
trustees  shall  control  the  funds  and  disburse  the  income  of  the  corporation 
as  may  be  provided  by  its  by-yaws.     (69  v.  173,  §§  1,2,  3,  4,  5.) 


220  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges,  and  Institutions  of  Learning. 

Sec.  3751.  [How  certain  board  may  be  constituted  and  gov- 
erned.] The  board  of  trustees  of  any  university,  college,  or  other 
institution  of  learning,  incorporated,  and  acting  under  the  patron- 
age of  one  annual  conference  or  other  religious  body  of  any  re- 
ligious denomination,  may  accept  the  provisions  of  this  and  the 
succeeding  section,  by  resolution  adopted  at  any  meeting  of  the 
board,  and  entered  upon  the  record  or  journal  of  its  proceedings ; 
and  after  such  acceptance  the  board  shall  be  organized,  constituted, 
regulated,  and  perpetuated  as  therein  provided ;  but  no  right  ac- 
quired by  any  such  board,  university,  or  other  institution  of  learn- 
ing, under  its  charter,  or  any  law  of  this  state,  shall  in  any  way  be 
impaired  or  afifected  thereby.     (69  v.   180,  §   i.) 

Sec.  3751a.  [Increase  in  number  of  trustees  of  certain  corpora- 
tions.] The  board  of  trustees  of  any  university  or  college  hereto- 
fore incorporated,  and  now  under  the  patronage  of  one  annual  con- 
ference or  synod  or  other  religious  body  of  any  religious  denomina- 
tion, may  increase  the  number  of  its  trustees,  not  exceeding  six ; 
said  additional  trustees  to  be  nominated  by  the  collegiate  alumni 
of  such  university  or  college  from  the  collegiate  alumni  of  three 
years'  standing,  for  appointment  or  election  by  such  patronizing  con- 
ference or  synod,  under  such  regulations  as  may  be  prescribed  by 
such  board  of  trustees ;  provided,  that  the  board  of  trustees  of  such 
university  or  college  shall  so  determine  to  increase  the  number  of  its  trus- 
tees and  adopt  such  regulations  for  their  nomination,  by  resolution 
adopted  at  any  regular  meeting  of  such  board  and  duly  entered  on  the 
record  of  its  proceedings ;  and,  provided  further,  that  such  patronizing  or 
governing  conference  or  synod  shall  consent  to  such  increase  of  said  board 
•of  trustees  and  the  rules  and  regulations  for  the  nomination  of  the  same. 
And  after  such  board  of  trustees  is  so  increased  by  the  election  of  any 
additional  trustees,  not  exceeding  six,  the  board  of  trustees  shall  in  all 
respects  be  organized,  constituted,  regulated  and  perpetuated  pursuant  to 
and  under  the  provisions  of  the  charter  and  said  provisions;  but  no  rights 
acquired  by  any  such  board  or  any  such  university  or  college,  under  its 
charter  or  any  law  of  this  state,  shall  in  any  way  be  affected  or  impaired 
thereby.     (91  v.  155.) 

Sec.  3751/^  [Incorporation  of  colleges  under  ecclesiastical  pat- 
ronage; what  articles  shall  contain.]  A  corporation  may  be  formed 
for  the  promotion  of  academic,  collegiate  or  university  education, 
under  religious  influences,  and  is  hereby  authorized  and  empowered 
to  set  forth  in  its  articles,  or  certificate  of  .corporation,  as  a  part 
of  the  same,  the  name  of  the.  religious  sect,  association  or  denomi- 
nation with  which  it  proposes  to  be  connected,  and  it  is  further  au- 
thorized and  empowered  to  grant  any  ecclesiastical  body  of  such 
religious  sect,   association   or   denomination,   whether   the    same   be 


OHIO   SCHOOL   LAWS.  221 


Colleges,  and  Institutions  of  Learning.        )  Ch.  14. 


a  conference,  association,  presbytery,  synod,  general  assembly,  con- 
vocation or  otherwise,  the  right  "to  appoint  its  trustees  or  directors, 
or  any  number  thereof;  and  it  is  further  authorized  and  empowered 
to  set  forth  in  its  articles  or  certificate  of  corporation,  such  other 
rights  as  to  the  administration  of  the  purpose  for  which  it  is  organized, 
and  not  inconsistent  with  the  laws  of  this  state  or  of  the  United  States, 
as  said  incorporation  may  desire  to  confer  upon  said  ecclesiastical  body  of 
such  religious  sect,  association  or  denomination  and  the  said  ecclesiastical 
body  of  such  religious  sect,  association  or  denomination  shall  possess 
and  exercise  all  rights  and  powers  to  set  forth  in  said  articles  or  certificate 
of  corporation.     (94  v.  331.) 

Sec.  375 ir.  [Existing  corporations  may  avail  themselves  of  pro- 
vision of  act;  how.]  Any  corporation  formed  for  the  promotion  of 
academic,  collegiate  or  university  education,-  under  religious  influ- 
ences, which  has-  been  incorporated  under  the  laws  of  this  state, 
whether  by  Special  act  of  the  legislature  or  otherwise,  may  avail 
itself  of  the  provisions  of  the  preceding  section,  as  a  part  of  its 
articles  or  certificate  of  incorporation,  and  may  confer  on  any  ecclesi- 
astical body  of  such  religious  sect,  association  or  denomination,  as 
it  is  now,  or  proposes  to  be  connected  with,  whether  the  same  be  a 
conference,  association,  presbytery,  synod,  general  assembly,  convo- 
cation or  otherwise,  any  or  all  the  rights,  powers  or  privileges  pro- 
vided by  the  preceding  section  to  be  conferred  on  corporations  here- 
after organized,  and  may  accept  the  provisions  of  such  preceding 
section  by  a  vote  of  the  majority  of  the  trustees  of  such  corporation 
at  any  regular  meeting;  and  when  so  accepted,  a  copy  of  said  ac- 
ceptance, certified  by  the  secretary  or  clerk  of  its  board  of  trustees  or 
directors,  shall  be  sent  to  the  ecclesiastical  body  with  which  it  is  now 
or  proposes  to  be  connected ;  if  such  ecclesiastical  body  agree  to 
accept  the  powers  proposed  to  be  conferred  upon  it.  it  shall  certify 
its  approval  upon  such  certified  copy  sent  to  it,  and  the  same  shall 
thereupon  be  filed  in  the  office  of  the  secretary  of  state;  and,  when 
so  filed,  the  same  shall  become  and  be  a  part  of  the. charter  of  said 
corporation ;  and  said  ecclesiastical  body  of  such  religious  sect,  asso- 
ciation or  denomination,  whether  the  same  be  a  conference,  associ- 
ation, presbytery,  synod,  general  assembly,  convocation  or  otherwise, 
shall  possess  and  exercise  all  the  rights  and  powers  so  set  forth  in  said 
articles  or  certificate  of  corporation.    (94  v.  331.) 

Sec.  3752.  [Classes  and  election  of  trustees;  president  ex-officio 
a  member  of  the  board ;  term;  vacancies;  increase  in  board.]  After 
such  acceptance  the  board  shall  certify  the  same  to  the  patronizing 
conference  or  other  religious  body  having  the  right  to  elect  or  ap- 
point trustees  of  such  university  or  other  institution  of  learning,  at 
the  next  meeting  of  such  conference  or  other  religious  body;    and 


222  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges,  and  Institutions  of  Learning.  , 

thereafter  the  board  shall  consist  of  twenty-one  trustees  elected  or 
appointed,  and  the  president  of  such  university  or  other  institution 
of  learning,  who  shall  be  ex-ofhcio  a  member  of  the  board ;  such 
elected  or  appointed  trustees  shall  be  divided  into  three  classes  of 
seven  members  each.  At  the  first  election  or  appointment  after  such 
acceptance,  one  of  such  classes  shall  be  elected  or  appointed  for 
one  year,  one  for  two  years  and  one  for  three  years,  and  in  all  sub- 
sequent elections  or  appointments  each  of  the  classes  of  trustees 
shall  be  elected  or  appointed  for  three  years,  but  no  term  of  office 
of  any  such  trustee  shall  expire  during  any  meeting  of  the  board 
which  does  not  continue  more  than  two  weeks.  Ten  members  of  the 
board  shall  constitute  a  quorum,  and  all  vacancies  which  occur  in  any 
class  of  trustees  otherwise  than  by  expiration  of  the  term  of  office,  shall 
be  filled  only  for  the  remainder  of  the  term ;  provided,  that  any  such  uni- 
versity or  other  institution  of  learning,  having  heretofore  accepted  the  pro- 
visions of  original  sections  3751  and  3752,  may  increase  its  board  of  trus- 
tees by  electing  or  appointing  two  additional  members  in  each  of  the 
classes  of  trustees  herein  provided  for.  (1888,  March  30:  85  v.  140,  141 ; 
Rev.  Stat.  1880;  69  v.  180,  §§  2,  3;  70  v.  157,  §  i.) 

Sec.  3753.  [Assessments  may  be  made  against  stockholders.] 
The  proportion  that  each  stockholder  of  any  college,  academy,  uni- 
versity, seminary,  or  other  institution  for  the  promotion  of  educa- 
tion, shall  be  required  to  pay  to  meet  the  debts  and  liabilities  of 
the  corporation,  may  be  determined  and  collected  in  the  manner  pro- 
vided by  the  three  succeeding  sections.     (58  v.  20,  §  i ;   S.  &  S.  108.) 

Sec.  3754.  [Meeting  of  the  stockholders,  and  notice  thereof.] 
The  trustees  of  any  such  corporation  desiring  to  avail  themselves 
of  such  provisions  shall  call  a  meeting  of  the  stockholders  for  the 
purpose  of  determining  what  amount  of  the  indebtedness  of  the  cor- 
poration shall  be  paid  by  each  stockholder;  and  they  shall  give 
thirty  days'  notice  to  the  stockholders,  in  writing,  or  by  publication 
in  some  newspaper  of  general  circulation  in  the  county  where  the 
corporation  is  located,  of  the  time,  place,  and  purpose  of  the  meet- 
ing, at  which  the  trustees  shall  submit  a  detailed  statement  showing 
the  assets  and  indebtedness  of  the  corporation.  (58  v.  20,  §§  2,  3 ; 
S.  &  S.,  108.) 

Sec.  3755.  [Meeting  may  fix  amount  of  assessment.]  A  majority 
in  interest  of  the  stockholders  present  at  such  meeting  may  determine 
what  amount  of  the  indebtedness  of  the  corporation  shall  be  paid  by  each 
stockholder,  and  fix  the  time  or  times,  and  the  mode,  for  the  payment  of 
the  amount  of  money  assessed  against  each  stockholder;  but  these  pro- 
visions shall  not  interfere  with  or  abridge  the  right  of  any  creditor  of 
the  corporation  to  institute  any  proceedings  authorized  by  law  to  enforce 
the  liability  of  stockholders.     (58  v.  20,  §  4;  S.  &  S.  108.) 


OHIO    SCHOOL    LAWS,  223 


Colleges,  and  Institutions  of  Learning.  Ch.  14. 

Sec.  3756.  [How  much  may  be  assessed,  and  collection  thereof.] 
The  assessments  shall  be  pro  rata  upon  the  stock  subscribed  or  otherwise 
acquired  by  each  stockholder,  and  in  no  case  shall  exceed  the  amount  for 
which  each  stockholder  is  or  may  be  liable  by  law ;  and  a  stockiiolder 
who  fails  to  pay,  as  required  by  the  assessment,  the  amount  so  assessed 
against  him,  shall  be  liable  in  a  civil  action,  to  be  brought  in  the  name 
of  the  corporation,  for  the  recovery  thereof,  as  in  other  cases  of  indebted- 
ness.    (58  V.  20,  §§  5.  6:   S.  &  S.  108,  109.) 

Sec.  3757.  [The  board  of  military  academies;  how  constituted, 
etc.]  The  academic  board  of  an  institution  incorporated  for  military 
and  polytechnical  education  shall  consist  of  the  superintendent  of  the 
institution,  the  commandant  of  cadets,  and  the  professors,  and  may  make 
and  enforce  rules  and  regulations  for  the  government  of  cadets;  but 
such  rules  and  regulations  must  be  first  submitted  to  and  approved  by 
the  governor  of  the  state.     (64  v.  239,  §§  i,  2;  S.  &  S.  109.) 

Sec.  3758.  [Board  of  visitors;  how  constituted.]  The  board  of 
visitors  of  such  institution  shall  consist  of  the  governor  who  shall  be 
ex  officio  a  member  and  the  president  of  the  board,  of  two  other  persons 
to  be  named  by  the  governor,  and  such  other  persons  as  the  superin- 
tendent of  the  institution  may  appoint.     (64  v.  239,  §3;    S.  &  S.  no.) 

Sec.  3759.  [Duties  of  board  of  visitors.]  The  boajd  of  visitors 
shall  meet  annually  at  the  institution,  on  the  first  day  of  the  annual  com- 
mencement exercises,  and  examine  into  the  condition  of  the  classes, 
quarters,  and  commons,  and  the  discipline,  drill,  records  of  standing  in 
study,  and  conduct  of  the  cadets,  and  shall  report  on  same  to  the  legislature 
at  its  next  annual  session ;  but  the  board  of  visitors,  or  any  member 
thereof,  may  visit  and  inspect  the  institution  at  any  time.  (64  v.  239, 
§4;S.  &S.  no.) 

Sec.  3760.  [How  the  term  of  office  of  trustees  and  visitors  may 
be  fixed,]  At  a  regular  meeting  for  the  election  of  directors  or  trus- 
tees of  any  college  or  other  institution  of  learning,  the  authorized  voters 
may  determine,  by  vote,  whether  the  election  of  directors  or  trustees 
shall  be  held  annually,  if  the  term  of  their  election  is  for  a  longer  period 
than  one  year,  and  also  what  proportion  of  the  entire  board  shall  be 
elected  annually;  at  the  first  election  held  under  the  provisions  of  this 
section  the  voters  shall  designate  upon  their  ballots  who  shall  serve  for 
one  year,  who  for  two  years,  and  who  for  three  years;  and  vacancies 
caused  by  expiration  of  term  of  office  shall  be  filled  by  election  annually 
thereafter.     (70  v.  125,  §  i.) 

Sec.  3761.  [Certain  corporations  may  change  location.]  The 
trustees  of  colleges  and  other  institutions  of  learjiing  not  endowed  by 
voluntary  contributions,  which  have  been  established  under  special 
acts  of  incorporation,  and  which  by  the  provisions  of  such  acts  are 
located  at  particular  places,  may  change  the  location  thereof  to  such 


224  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges,  and  Institutions  of  Learning. 

Other  places  as  they  may  deem  proper,  and  erect  and  maintain  acad- 
emies and  Other  schools  auxiliary  thereto.     (70  v.  248,  §  i.) 

Sec.  3762.  [Sale  and  distribution  of  the  property  of  certain  cor- 
porations.] The  trustees  of  any  university,  college,  or  other  institu- 
tion of  learning,  incorporated  by  the  authority  of  this  state  under  spe- 
cial charter,  owned  in  shares  or  stock  subscribed  or  taken,  may  dispose 
of  its  property  at  public  sale,  upon  such  terms  as  to  payment  as  the 
stockholders  thereof,  by  a  vote  of  three-fourths  of  the  shares  or  stock 
of  the  institution,  may  direct,  after  giving  public  notice  of  the  same,  by 
publication,  for  six  consecutive  weeks  in  some  newspaper  published  in 
the  county  where  the  institution  is  located,  if  one  is  published  therein, 
and  if  not,  then  in  some  newspaper  published  in  this  state,  and  of  gen- 
eral circulation  in  such  county,  which  notice  shall  contain  a  full  state- 
ment of  the  terms,  time,  and  place  of  sale,  and  the  action  of  the 
trustees  as  aforesaid ;  and  the  trustees  may  close  up  the  corporate 
existence  of  such  institution,  and  make  an  equitable  division,  and 
distribution  of  the  proceeds  of  the  sale  among  all  the  holders  of 
shares  or  stock,  after  the  payment  of  the  just  debts  of  the  corporation. 
(67  V.  24,  §  I.)  - 

Sec.  3762a.  [Certain  colleges,  whose  articles  of  incorporation  are 
not  on  file  in  .the  office  of  the  secretary  of  state,  may  file  same  there  and 
amend.]  The  trustees  of  any  university,  college  or  institution  of  learn- 
ing, incorporated  by  the  authority  of  this  state,  or  under  the  general 
corporation  laws  thereof,  owned  in  shares  of  stock  subscribed  and  paid 
up  in  full,  by  a  majority  of  the  owners  of  such  stock,  for  the  sole  purpose 
of  promoting  education,  religion  and  morality,  or  the  fine  arts,  exclusively 
among  males  or  females,  may,  on  the  written  petition  of  the  owners  of 
a  majority  of  such  stock  filed  before  them,  or  on  the  vote  of  the  owners 
of  the  majority  of  such  shares  of  paid  up  stock  at  any  general  meeting 
of  the  stockholders  called  for  such  purpose,  after  thirty  days'  notice  pub- 
lished in  some  newspaper  published  and  of  general  circulation  in  the 
county,  by  the  board  of  trustees,  may  change  the  name  and  enlarge  the 
purposes  and  objects  of  any  such  university,  college  or  institution,  by 
amendments  to  its  charter,  approved  by  the  owners  of  the  majority  of 
such  stock  for  the  change  of  the  name  and  the  enlargement  of  the  pur- 
pose and  object  of  such  university,  college  or  institution  of  learning,  so 
that  all  the  educational  rights  and  privileges  thereof  may  be  bestowed 
in  the  co-equal  and  co-ordinate  education  of  both  sexes.  When  such 
amendment  is  adopted  and  the  original  articles  of  incorporation  of  said 
corporation  have  not  been  filed  and  recorded  in  the  office  of  the  secretary 
of  state.,  a  ^.opy  of  such  amendment  and  copy  of  the  original  articles 
of  incorporation  of  said  corporation,  with  a  certificate  to  each  of  them 
thereto  affixed,  signed  by  the  president  and  secretary  of  said  corporation, 
and  sealed  with  the  corporate  seal,  if  any  there  be,  stating  the  fact  and 


OHIO   SCHOOL  LAWS.  225 


Colleges,  and  Institutions  of  Learning.  Ch.  14. 

date  of  the  adoption  of  such  amendment,  and  that  such  copy  of  said 
amendment,  and  that  such  copy  of  said  original  articles  of  incorporation 
of  said  corporation  are  and  is  a  true  copy  of  the  originals,  shall  be  re- 
corded in  the  office  of  the  secretary  of  state,  and  when  so  recorded,  and 
not  until  then,  said  amendment  shall  become  and  be  in  law  the  sole  articles 
of  incorporation  of  said  corporation ;  and  all  the  property,  real  and  per- 
sonal, and  the  title  thereunto,  and  all  the  rights  and  credits,  shares  of 
stock,  and  rights  of  stockholders,  corporate  franchises,  «ind  all  endow- 
ment fund  or  funds,  or  gift  or  bequest,  or  legacies  or  mortgage  securities 
and  promissory  notes,  and  rights  of  every  kind  belonging  to,  vested  in 
or  claimed,  or  possessed  by  the  said  original  corporation,  shall  by  said 
amendment  pass  to,  be  assigned  and  transferred  and  vested  in  and  held, 
enjoyed  and  exercised  by  the  said  corporation  named,  created  and  organ- 
ized by  said  amendment  for  the  promotion  of  all  the  objects  and  purposes 
of  its  creation  and  organization.  For  recording  such  amendments  and 
copies  of  such  original  articles  of  incorporation,  and  for  furnishing  a 
certified  copy  or  copies  thereof,  the  secretary  of  state  shall  receive  a  fee 
of  twenty  cents  per  hundred  words,  to  be  in  no  case  less  than  five  "dollars. 
(1888,  April  14:  85  V.  270.) 

Sec.  3762^.  [Colleges  may  change  name  and  purpose,  when;  pro- 
cedure; fees.]  That  the  board  of  trustees  of  any  university,  college  or 
institution  of  learning,  incorporated  by  the  authority  of  this  state,  or 
under  the  general  corporation  laws  thereof,  for  the  sole  purposes  of 
promoting  education,  religion  and  morality,  or  the  fine  arts,  may,  at 
any  regular  or  special  meeting  of  such  board  of  trustees,  called  for  such 
purpose,  after  thirty  days'  actual  notice  to  each  and  all  of  such  trustees, 
change  the  name  and  enlarge  the  purposes  and  objects  of  any  such  univer- 
sity, college  or  institution  of  learning,  by  amendment  to  its  charter,  ap- 
proved by  a  majority  of  such  board  of  trustees  at  such  regular  or  special 
meeting,  so  called  and  so  notified,  for  the  change  of  such  name  and  the 
enlargement  of  the  purposes  and  objects  of  such  university,  college  or 
institution  of  learning.  When  such  amendment  is  so  adopted  by  the 
board  of  trustees  of  any  university,  college  or  institution  of  learning, 
already  incorporated  by  the  authority  of  this  state,  or  under  the  general 
corporation  laws  thereof,  a  copy  thereof,  with  a  certificate  thereto  afiixed, 
signed  by  the  president  and  secretary  of  such  board  of  trustees,  and 
sealed  with  the  corporate  seal,  if  any  there  be,  stating  the  fact  and  date 
of  such  amendment,  and  that  such  copy  is  a  true  copy  of  the  original 
amendment,  shall  be  filed  and  recorded  in  the  office  of  the  secretary  of 
state,  and  when  so  filed  and  recorded,  and  not  until  then,  said  amendment 
shall  become  and  be  in  law  an  integral  part  of  the  articles  of  incorporation 
of  said  corporation,  and  all  the  property,  real  and  personal,  the  title 
thereto,  and  all  the  rights  and  credits,  corporate  powers  and  franchises, 

16   S.  L. 


226  OHIO   SCHOOL  LAWS. 


Ch.  14.  Colleges,  and  Institutions  of  Learning. 

and  all  endowment  fund  or  funds,  gifts  and  bequests,  legacies,  mortgage 
securities  and  promissory  notes,  and  all  powers,  rights  and  privileges  of 
every  kind  belonging  to,  vested  in,  claimed  or  possessed  by  said  original 
corporation  shall,  by  said  amendment,  pass  to,  be  assigned,  transferred 
and  vested  in,  and  held,  enjoyed  and  exercised  by  the  said  corporation, 
named,  created  and  organized  by  said  amendment  for  the  promotion  of  all 
[the]  objects  of  its  creation  and  organization.  And  said  new  corporation 
shall  be  liable  for  and  perform  all  the  lawful  obligations,  contracts  and  un- 
dertakings of  said  original  corporation.  For  recording  such  amendment 
and  furnishing  a  certified  copy  or  copies  thereof,  the  secretary  of  state  shall 
receive  a  fee  of  twenty  cents  per  hundred  words,  to  be  in  no  case  less 
than  five  dollars.     (87  v.  8.) 

Sec.  3763.  [Restrictions  under  which  medical  colleges  and  teach- 
ers may  receive  bodies  for  dissection.]  All  superintendents  of  city 
hospitals,  directors  or  superintendents  of  city  or  county  infirmaries, 
directors  or  superintendents  of  work-houses,  directors  or  superin- 
tendents of  asylums  for  the  insane,  or  other  charitable  institutions 
founded  and  supported  in  whole  or  in  part  at  public  expense,  the 
directors  or  warden  of  the  penitentiary,  township  trustees,  sheriffs, 
or  coroners,  in  possession  of  bodies  not  claimed  or  identified,  or  which 
must  be  buried  at  the  expense  of  the  county  or  township,  shall, 
before  burial,  hold  such  bodies*  not  less  than  thirty-six  hours  and 
shall  notify  the  professor  of  anatomy  in  any  college  which  by  its 
charter  is  empowered  to  teach  anatomy,  or  the  president  of  any 
county  medical  society  of  the  fact  that  such  bodies  are  being  so 
held  and  shall,  before  or  after  burial,  by  such .  said  superintend- 
ent, director,  or  other  officer,  on  the  written  application  of  the  professor 
of  anatomy,  the  president  of  any  county  medical  society,  deliver  to  such 
said  professor,  or  president,  for  the  purpose  of  medical  or  surgical  study 
or  dissection,  the  body  of  any  person  who  has  died  in  either  of  said  insti- 
tutions from  any  disease,  not  infectious,  if  such  body  has-  not  been  re- 
quested for  interment  by  any  person  at  his  own  expense ; 

[Body  to  be  delivered  to  claimant.]  If  the  body  of  any  deceased 
person  so  delivered,  be  subsequently  claimed,  in  writing,  by  any  relative 
or  other  person  for  private  interment,  at  his  own  expense,  it  shall  be 
given  up  to  such  claimant; 

[Interment  of  body  after  examination  or  dissection.]  After  such 
bodies  shall  have  been  subjected  to  such  medical  or  surgical  examination 
or  dissection,  the  remains  thereof  shall  be  interred  m  some  suitable  place 
at  the  expense  of  the  party  or  parties  in  whose  keeping  said  corpse  has 
been  placed. 

[Notification  to  relatives  of  deceased  person.]  In  all  cases  it 
shall  be  the  duty  of  the  officer  having  such  body  under  his  control 


OHIO   SCHOOL   LAWS.  227 


Colleges,  and  ItiStitutions  of  Learning.  Ch.  14. 

to  notify  or  cause  to  be  notified,  in  writing,  the  relatives  or  friends 
of  such  deceased  person  ; 

[Penalty  for  refusal  to  deliver  body,  or  acceptance  of  consideration 
for  same.]  And  any  superintendent,  coroner,  or  infirmary  director, 
sheriff,  or  township  trustee,  failing  or  refusing  to  deliver  such  bodies 
when  applied  for,  as  herein  provided,  or  who  shaJl  charge,  receive,  or 
accept  money,  or  other  valuable  consideration  for  the  same,  shall  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars,  and  not  less  than 
twenty-five  dollars,  or  be  imprisoned  in  the  county  jail  not  exceeding 
six  months ;  provided,  however,  that  in  no  case  shall  the  body  of  any  such 
deceased  person  be  delivered  until  twenty-four  hours  after  death. 

[Body  of  stranger  or  traveler.]  The  bodies  of  strangers  or  trav- 
elers, who  die  in  any  of  the  institutions  herein  named,  shall  not  be 
delivered  for  the  purpose  of  dissection,  except  said  stranger  or  traveler 
belong  to  that  class  commonly  known  as  tramps;  and  all  bodies 
delivered  as  herein  provided  shall  be  used  for  medical,  surgical  and 
anatomical  study  only,  and  within  this  state, 

[Unlawful  to  have  unauthorized  body  in  possession;  penalty.] 
And  the  possession  of  the  body  of  any  deceased  person  for  the  above 
purposes,  and  not  authorized  under  this  section,  shall  be  unlawful, 
and  the  detention  of  the  body  of  any  deceased  person,  claimed  by 
relatives  or  friends  for  the  interment  at  their  expense,  shall  also  be 
unlawful,  and  the  person  so  detaining  said  body  unlawfully,  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  dollars,  nor  less  than 
twenty-five  dollars,  or  be  imprisoned  in  the  county  jail  not  exceed- 
ing six  months.     (93  v.  84;   78  v.  33:   Rev.  Stat.  1880:  67  v.  25,  §  i.) 

Sec.  3764.  [Penalty  for  having  unlawful  possession  of  corpse.] 
Any  person,  association,  or  company,  having  unlawful  possession 
of  the  body  of  any  deceased  person  shall  be  jointly  and  severally 
liable  with  any  and  all  other  persons,  associations,  and  companies 
that  had  or  have  had  unlawful  possession  of  such  corpse  in  any  sum 
not  less  than  five  hundred  dollars  and  not  more  than  five  thousand 
dollars,  to  be  recovered  at  the  suit  of  the  personal  representative 
of  the  deceased  in  any  court  of  competent  jurisdiction,  for  the  benefit 
of  the  next  of  kin  of  deceased. 

Sees.  3765-3766.     (Repealed   1880,  March  26;    77  v.  85.) 

Sec.  3767,  [Organic  rules  which  may  be  prescribed  in  certain 
articles  of  incorporation.]  An  association  incorporated  for  the  pur- 
pose of  receiving  gifts,  devises  or  trust  funds  to  erect,  establish,  or 
maintain  an  academy  in  any  department  of  fine  arts  or  a  gallery 
for  the  exhibition  of  paintings  or  sculpture  or  works  of  art,  or  a 
museum  of  natural  or  other  curiosities,  or  specimens  of  art  or  nature 
promotive  of  knowledge,  or  a  law  or  other  library,  or  courses  of 
lectures  upon  science,  art,  philosophy,  natural  history,  or  law,  and 


228  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges,  and  Institutions  of  Learning. 

to  Open  the  same  to  the  public  on  reasonable  terms,  or  an  industrial 
training  school,  or  a  mechanics'  institute  for  advancing  the  best 
interest  (s)  of  mechanics,  manufacturers  and  artisans,  by  the  more 
general  diffusion  of  useful  knowledge  in  those  classes  of  the  com- 
munity, or  homes  for  indigent  and  aged  widows  and  unmarried  wo- 
men and  whose  directors  or  trustees  may  be  of  either  sex,  may  in  its 
articles  of  incorporation  prescribe  the  tenure  of  office  of  the-  trustees  or 
directors,  the  mode  of  appointing  or  electing  successors,  the  adminis- 
tration and  management  of  the  property,  and  trust  and  other  funds  of  the 
corporation,  and  such  other  organic  rules  as  may  be  deemed  expedient 
or  acceptable  to  donors  which  shall  be  and  remain  the  permanent  organic 
law  of  the  corporation.  (1887,  February  21  ;  84  v.  31  ;  83  v.  40  ;  Rev.  Stat. 
1880;  75  V.  135,  §§  1,3-) 

Sec.  3768.  [May  add  to  the  objects  of  the  corporation;  accept- 
ance of  statutory  provisions.]  Such  corporations  may  by  certificate, 
duly  acknowledged  by  the  trustees  or  directors,  and  filed  in  the  office 
of  the  secretary  of  state,  add  to  the  original  objects  and  purposes 
of  the  corporation  any  of  the  several  objects  and  purposes,  mentioned 
in  the  preceding  section  which  were  not  provided  for  by  the  articles 
of  incorporation,  and  in  any  such  corporation  heretofore  incorporated 
under  the  laws  of  the  state  may  by  certificate,  reciting  the  organic 
rules  adopted  by  such  corporation  as  its  permanent  organic  law,  and 
duly  acknowledged  by  the  trustees  or  directors,  and  lodged  in  the 
office  of  the  secretary  of  state,  except  the  provisions  of  the  preceding 
section.     (1886,  March  26:   83  v.  41;   75  v.  135,  §  3.) 

(3768-1)  Sec.  I.  [Authorizing  certain  mechanics'  institutes  to 
borrow  money;  liability  of  directors  and  trustees.]  Any  mechanics' 
institute,  incorporated  under  the  laws  of  this  state  prior  to  the  year 
eighteen  hundred  and  fifty-one,  be  and  it  is  hereby  aulhorized  and 
empowered  to  borrow  money,  issue  bonds  or  notes  therefor,  at  no 
more  than  the  legal  rate  of  interest,  and  secure  the  same  by  mort- 
gage upon  its  real  estate.     (82  v.  118.) 

(3768-2)  Sec.  2.  [Directors  not  personally  liable.]  The  directors 
and  trustees  of  such  corporation  shall  not  be  personally  liable  for  debts 
contracted  by  virtue  of  this  act.    (82  v.  118.) 

Sec.  3769.  [Accounts  of  receipts  and  disbursements.]  The  offi- 
cers of  the  corporation  charged  or  intrusted  with  the  receipts  and 
disbursements  of  its  funds  or  property  shall  make  and  keep  like  accu- 
rate and  detailed  accounts  of  stich  funds,  and  the  receipts  and  dis- 
bursements thereof,  as  are  required  to  be  kept  by  the  fund  commis- 
sioners of  the  state ;  the  trustees  shall,  on  or  before  the  third  Mon- 
day in  January  of  each  year,  file  with  the  clerk  of  the  court  of  common 
pleas  of  the  county  in  which  the  corporation  is  located  an  abstract 
of  their  account,  which  abstract  shall  correspond  in  date,  amount. 


OHIO   SCHOOL   LAWS.  229 


Colleges,  and  Institutio'ns  of  Learning.  Ch.  14. 

person  to  whom  paid,  and  from  whom  received,  and  on  what  ac- 
count, with  the  voucher  taken  or  given  on  account  of  such  receipts 
and  disbursements ;  they  shall  at  the  same  time,  annually,  file  in 
such  clerk's  office  a  report  of  the  names  of  the  donors,  the  kind, 
amount,  or  value  of  gifts  of  each,  and  a  brief  statement  of  the  condi- 
tions and  purposes  of  the  gifts ;  and  the  filing  of  such  abstract  and 
report,  and  the  supplying  of  any  omission  in  either,  may  be  enforced  by 
order  and  attachment  of  the  court  of  common  pleas  of  the  proper  county, 
against  the  trustees,  on  motion  of  any  respectable  citizen.  (75  v.  135,  §  4.) 

Sec.  3770.  [Trustees  ineligible  to  other  office.]  No  trustee  shall 
be  eligible  to  any  office  or  agency  of  the  corporation  to  which  any 
salary  or  emolument  is  attached,  nor  shall  the  trustees  be  allowed 
any  salary,  emoluments,  perquisites,  except  the  right  of  free  ingress 
to  the  grounds,  rooms,  and  buildings  of  the  corporation.  (75  v.  135, 
§  5-) 

Sec.  3771.  [Attorney  general  may,  by  action,  enforce  duties  of 
officers.]  On  application  to  the  attorney  general  of  five  citizens  of  the 
proper  county,  in  writing,  verified  by  the  oath  or  affirmation  of  one  of 
them,  setting  forth  specific  ciiarges  against  any  of  the  fiscal  or  other 
agents  or  trustees  of  such  corporation,  involving  a  breach  of  trust  or  duty, 
he  shall  give  notice  thereof  to  the  trustees  or  agents  complained  of,  and 
inquire  into  the  truth  of  such  charges,  and  for  tiiis  purpose  he  may  receive 
affidavits,  or  enforce,  by  process  from  the  court  of  common  pleas  of 
Franklin  county,  the  production  of  papers  and  the  attendance  of  wit- 
nesses before  him ;  and  if,  on  testimony  or  other  evidence,  he  believes 
the  charges,  or  any  of  them,  to  be  true,  he  shall  proceed,  by  action  in  that 
court,  in  the  name  of  the  state,  against  the  delinquent  trustee  or  trustees, 
fiscal  agent  or  agents,  and.  on  the  hearing,  the  court  may  direct  the 
performance  of  any  duty,  or  the  removal  of  all  or  any  of  the  agents  or 
trustees  and  decree  such  other  and  further  relief  as  may  be  equitable. 
(75  V.  135.  §  6.) 

Sec.  3771a.  [How  number  of  trustees  of  certain  colleges  in- 
creased.] The  board  of  trustees  of  any  university  or  college  here- 
tofore incorporated,  but  not  under  the  patronage  of  conferences  or 
other  ecclesiastical  bodies  of  any  religious  denomination,  as  described 
in  section  3736.  may  increase  the  number  of  such  trustees  to  twenty- 
four,  exclusive  of  the  president,  or  a  less  number,  and  may  divide 
said  trustees  into  six  classes,  each  class  to  serve  six  years,  and  one 
class  to  be  chosen  each  year,  for  said  term ;  but  one  trustee  of  each 
class  may  be  chosen  by  the  votes  of  the  alumni  of  such  university 
or  college,  if  the  board  of  trustees  shall  so  provide  by  by-law,  in 
which  case  it  shall  also  be  the  duty  of  the  board  of  trustees  to 
provide,  by  such  by-laws,  a  method  of  nominating  and  electing  such 


•   230  OHIO    SCHOOL    LAWS. 


Ch.  14.  Colleges,  and  Institutions  of  Learning. 

appointee  of  the  alumni.  The  president  of  such  university  or  college 
shall,  ex  ofiticio,  be  a  trustee  perpetually,  and  shall  not  be  included  in  the 
classes  going  out  in  rotation.  If  it  shall  be  necessary,  in  the  first  enlarge- 
ment of  the  board  of  trustees,  under  this  section,  to  distribute  new  mem- 
bers to  the  several  classes,  whose  terms  shall  expire  by  rotation,  the 
distribution  may  be  made  in  such  manner  as  the  board  may  direct,  so 
that  no  trustee  shall  be  elected  for  -a  longer  term  than  six  years.  (87  v. 
188;  86  V.  341.) 


APPENDIX. 


FORMS  AND  INSTRUCTIONS. 


Note.  —  Where   forms  are  given   for  one  class  of  districts  they  can  gener- 
ally be  made  applicable  to  other  districts  by  making  slight  changes  in  phraseology. 

ELECTIONS. 

I.    NOTICE  OF  ELECTION  IN   SUBDISTRICTS. 


Notice  is  hereby  given  to  the  qualified  voters  of  subdistrict  No. ,  of 


township,  county,  Ohio,  that  the  next  annual  school  meeting  for  the  elec- 
tion of  a  school  director  [subdirector]   in  said  district  will  be  held  at  the  

school   house    [or  usual  place]    in  said   subdistrict  on   Monday,    the  day  of 

April,   19 — ,  beginning  at  o'clock  p.  u.   [a.  m.],  and  closing  at  o'clock 

p.  M.  [a.  m.] 

,  Director. 

Note.  —  The  above  notice  to.be  posted  in  three  or  more  conspicuous  places, 
at  least  six  days  prior  to  the  election.     Sections  3916  and  3917. 

For  filling  vacancies  see  section  3981.  When  the  person  to  be  elected  is  to 
fiU  an  unexpired  term,  the  notice  should  so  state. 

In  case  of  a  tie  vote  or  failure  to  elect  see  section  3978. 

II.    NOTICE  OF  ELECTION  IN  A  NEW  SUBDISTRICT. 

Whereas,  The  board  of  education  of township,  county,  did,  at 

their  last  regular  meeting,  the  third  Monday  of ,  abolish  subdistrict  number 

— ,  [or  subdistricts  numbers  —  and  — ]  and  form  ^ from  the  territory  of  said  sub- 
district,  and  so  much  of  subdistrict  number  as  is  bounded  as  follows:  [de- 
scribe boundary],  a  new  subdistrict,  to  be  known  as  subdistrict  number  — : 

Therefore,  notice  is  hereby  given  to  the  qualified  voters  of  said  subdistrict 
thus  organized  and  designated,  that  a  meeting  for  the  election  of  a  director  will 

be  held  at ,  on  the day  of ,  from  —  o'clock  to  —  o'clock 

,  said  election  to  be  conducted  as  prescribed  in  section  3922. 

By  order  of  the  Township  Board. 


Clerk. 


19—. 

III.    POLL  BOOK 


Of  the  election  held  in  subdistrict  No.  ,   in  the  township  of  ,   in  the 

county  of  ,  and  state  of  Ohio,  on  Monday,  the  day  of  April,   in  the 

year  A.  D.  19—. 

A.  B.,  Chairman,  and  C.  D.,  Gerk.  judges  of  said  election,   were  severally 

(231) 


232 


OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


sworn,   as  the  law  directs,   previous  to  their  entering  on  the  duties  of  their  re- 
spective offices. 


Number  and  names  of  electors.. 

Number  and  names  of  electors. 

No    1 

No.  5 

6 

7 
8 

2 

3 

4 

It  is  hereby  certified  that  the  number  of  electors  who  voted  at  this  election 


IS 


IV.     TALLY  SHEET 


-,  Chairman. 

-,  Secretary. 

Judges. 


in  the 


Of  the  election  held  in  subdistrict  No.  ,    in  the  township  of  

county  of ,   and  state  of  Ohio,  on  Monday,   the  day  of  April,    in  the 

year  A.  D.  19 — ,  to  elect  a  director  [subdirector]  for  said  subdistrict. 


Names  of  candidates. 

Tallies,  showing  number  of  votes  given 
for  each  candidate. 

Total. 

5 

10 

15 

20 

25 

We  hereby  certify 

That  

That  

That 

That 

That 


received 
received 
received 
received 
received 


votes  for  director  [subdirector]. 

votes  for  director  [subdirector]. 

votes  for  director  [subdirector]. 

votes  for  director  [subdirector]. 

votes  for  director   [subdirector]. 


And  that 
-  years. 


was  duly  elected  director   [subdirector]    for  a  term  of 


-,  Chairman. 
-,  Secretary. 
Judges. 


OHIO   SCHOOL   LAWS.  288 


Forms  and  Instructions. 


The  poll  book  and  tally  sheet  must  be  signed  by  the  judges  of  election  before 
they  separate.  No  signing  after  such  separation  is  valid.  They  must  be  delivered 
within  five  days  to  the  clerk  of  the  township,    see  section  3917. 

Where  two  or  more  officers  are  to  be  elected  the  judges  should  caution  the 
voters  to  be  careful  to  designate  the  office  for  which  they  are  voting. 

V.    MINUTES  OF  SUBDISTRICT  SCHOOL  MEETING. 

SUBDISTRICT   No.   , 

Township,  County,  Ohio. 

,    19—. 

At  a  meeting  of  the  qualified  voters  of  said  subdistrict,  held  on  the  second 

Monday  of  April,    19 — ,     was   appointed   chairman   and   — ^— 

secretary. 

Whereupon  said  voters  proceeded  to  elect  by  ballot,  one  director  [subdirector] 
of  said   subdistrict    for   the   term   of   three   years,   or   one   director    [subdirector] 

for  years,   to  fill   the   unexpired   term  of  :    and   upon   inspection 

of  the  several  ballots  given  at  said  election,   it  was  found  and  publicly  declared, 
that  was  duly  elected  for  the  full  term,  or  for  the 

unexpired  term. 

,  Chairman. 

.  Secretary. 


VI.     NOTICE  OF  MEETING  TO  VOTE  A  TAX  FOR  BUILDING 

PURPOSES. 

Notice  is  hereby  given  by  the  board  of  education  of township,  — 


county,   Ohio,  that  there  will  be  a  special  meeting  of  the  qualified  voters  of  said 

township  at  ,  on  the day  of ,  at o'clock ,  to  consider 

the  question   whether  a  tax  of  hundred  dollars  shall  be  levied   upon  the 

taxable  property  of  said  township  to  purchase  a  school  house  site  and  to  build 
and  furnish  a  school  house  [or  for  either  of  these  purposes    as  the  case  may  be] , 

in  subdistrict  of  said  township,   the  erection  o'f  the  school  house  being,   in 

the  opinion  of  the  board,  necessary,  and  the  rate  of  tax  which  the  law  authorizes' 
the  board  to  levy  being  insufficient  for  the  purpose;  and  the  further  questions 
whether  the  levy  shall  be  made  from  year  to  year  thereafter,  and  what  amount 
shall  be  levied  each  year  until  the  actual  cost  of  such  site  and  building  is  raised. 

By  order  of  said  board  of  education. 

.  Clerk. 

,  19—. 


Note.  —  The  ballot  used  at  such  an  electidn  may  be  something  like  the  fol 
lowing : 

FOR   TAX    LEW   FOR   SCHOOL   SITE  AND  BUILDING. 

For  levying  a  tax  to  purchase  site  and  erect  thereon  a  school  building,  at  a 
cost  not  to  exceed  $ .     No.     [Yes.] 

For  levying  this  tax   from  year  to  year  according  to  law.    the  levy  in  any 

one  year  not  to  exceed  $ .   until   the  sum  of  $ and  accrued  interest 

is  raised  and  paid.     No.     [Yes.] 

The  above  form  may  by  slight  alterations  be  adapted  to  cases  in  which  other 
than  township  districts  are  interested. 

In  districts  where  school  elections  are  held  on  the  first  Monday  of  April, 
all  elections  on  school  questions  should  be  held  under  the  supervision  of  regular 
election  officers  and  the  ballots  be  made  to  conform  to  the  provisions  of  the 
Australian  ballot  law. 


234  OHIO    SCHOOL    LAWS. 


Forms  a'ud  Instructions. 


VII.    APPOINTMENT  OF  SCHOOL  DIRECTOR  TO  FILL  VACANCY. 

This  is  to  certify  that has  been  appointed  director  [sub- 
director]  of  subdistrict  number ,  township, county,  Ohio,  to  fill 

the  vacancy  caused  by  of  ,  said  appointment  to  extend 

until  the  next  annual  election  as  provided  for  in  section  398L 

,  President. 

,  Clerk. 

SUBDISTRICTS. 

See  form  No.  XIV  for  oath  of  subdirector. 
VIII.    DIFFERENT  MODES  OF  ALTERING  SUBDISTRICTS. 

Resolved  by  the  board  of  education  of  township,  That  there  be  trans- 
ferred and  united  with   subdistrict  number  ,    so  much  of  subdistrict  number 

,  as  is  bounded  as  follows:    [describe  boundary.] 

Resolved  by  the  board  of  education  of township,  That  subdistrict  num- 
ber    is  hereby  abolished,   and  there  is  hereby  transferred  to  and  united  with 

subdistrict  number  ,    so   much  of  the   territory  of   said   abolished   subdistrict 

as  is  bounded  as  follows:     [describe  boundary],   and  so  much  of  said  abolished 

subdistrict  as   is  not   herein   united   with   subdistrict  number  ,    is   transferred 

to  and  united  with  subdistrict  number  .     This  resolution  shall  take  effect  on 

the  day  of ,   19—. 

Resolved  by  the  board  of  education  of tozvnship ,  That  so  much  of  sub- 
district  number ,   as  is  bounded  as  follows:     [describe  boundary],   be  cut  off 

from  said  subdistrict,  and  that  so  much  of  subdistrict  number  as  is  bounded 

as  follows:    [describe  boundary],  be  cut  off  from  said  subdistrict,   and  that  the 

territory  thus  cut  off   from  subdistricts  numbers  and  ,    respectively,    is 

hereby  consolidated  and  formed  into  a  new  subdistrict  and  designated  subdistrict 
number of township. 

Resolved  by  the  board  of  education  of township.  That  subdistricts  num- 
bers    and  are  hereby  abolished,   and  that  the  territory  included  in  said 

subdistricts  at  the  time  of  their  abolishment  is  hereby  consolidated  and  formed 
into  a  new  subdistrict,  and  designated  subdistrict  number  of  town- 
ship.    This  resolution  shall  take  effect  on  the  day  of — ,  19 — . 

Note.  —  When  a  new  subdistrict  is  formed  the  township  board  should  call  a 
meeting  of  the  qualified  voters  to  elect  a  director.     [Section  3922.] 

JOINT  SUBDISTRICTS. 

IX.     PETITION   FOR  JOINT   SUBDISTRICT. 

[To  be  placed  on  file  by  the  clerk  of  the  board.] 

To  the  Board  of  Education  of  — Toivuship : 

,  19—- 

Gentlemen:  We,  the  undersigned  electors,  residing  in  the  territory  herein- 
after described,  do  hereby  most  respectfully  pray  to  your  honorable  body  to  estab- 
lish a  joint  subdistrict  [special  district,  addtional  subdistrict]  embracing  the  terri- 
tory bounded  as  follows :  [describe  the  boundaries  and  set  forth  reasons  causing 
this  petition.] 

And  thus  the  undersigned  shall  ever  pray,  etc. 


[Sections  3931,  3932  and  3946.] 


OHIO  SCHOOL  LAWS.  235 


Forms  and  Instructions. 


X.  NOTICE  TO  MEMBERS  OF  BOARD. 

Dear  Sir:  You  are  hereby  notified  that  a  petition  has  been  presented  and 
filed,  praying  for  the  creation  of  a  joint  subdistrict  [special  district,  additional 
subdistrict]  to  comprise  the  territory  bounded  as  follows:    [describe  the  boundaries.} 

The  boards  will   meet  at  ,   on  the  day  of  ,    19 — ,   at  

o'clock  for  the  purpose  of  considering  the  prayer  of  the  petitioners.     The 

presence  of  every  member  is  desired.     [Section  3933.] 

,  Clerk. 

A  notice,  like  the  above,  with  a  slight  change  required,  must  be  sent  "to 
the  clerks  of  all  other  boards  of  education  having  jurisdiction  over  any  of  the 
territory  sought  to  be  affected;  and  such  clerks,  upon  the  receipt  of  such  notice, 
shall  in  like  manner  give  notice  forthwith  of  the  filing  of  such  petition,  and  of 
the  time  and  place  of  meeting  to  each  member  of  their  respective  boards."  [Sec- 
tion 3933.] 

XI.    ORGANIZATION  OF  JOINT  SUBDISTRICTS. 
(Memorandum  of  joint  meeting.) 

At  a  joint  meeting  of  the  boards  of  education  of  township,  ' 

county,  Ohio,  and township,  county,  Ohio,  held  at  ,  Ohio, 

on  the day  of ,  19 — ,  was  elected  chairman  and 

secretary. 

Present   ,    ,    ,    members   of   township 

board  of  education,   and  ,  ,   ,   members  of 

township  board  of  education,  said  members  constituting  a  quorum  of  each  board. 

[Give  proceedings  in  detail.] 

,  Chairman. 

Attest: 

,  Secretary. 

It  requires  a  majority  of  the  members  present  from  each  board  to  carry  any 
proposition  presented. 

A  copy  of  the  proceedings  must  be  transmitted  to  the  clerk  of  each  board 
and  one  filed  with  the  auditor  of  each  county  having  territory  in  the  proposed 
district,   see  section  3928. 

XII.    PETITION   TO  PROBATE  JUDGE. 

,  ,   19-. 

Hon.  ,  Probate  Judge  of County,  Stale  of  Ohio: 

Whereas,  The  boards  of  education  of township,  county,  Ohio, 

and  of  township,   in  said  county  and  state,   having  refused,   at  a  meeting 

held  [state  time  and  place]  to  grant  our  petition  [or  having  failed  to  meet  within 
the  time  prescribed  by  law  to  consider  our  petition]  praying  for  the  creation  of 
a  joint  subdistrict  [special  district,  etc.],  said  petition  having  been  filed  with  the 

clerk  of  said  township  board  of  education,   as  prescribed  by  law,   on  the 

day  of ,   19—: 

Therefore,  we,  the  undersigned  petitioners  and  electors,  residents  in  the  ter- 
ritory hereinafter  described,   do  hereby  most  respectfully  pray  and  petition  you 

to  appoint  three  judicious,    disinterested  men  of  county,   and   not  rcsid- 

dents  of  the  township  [or  townships  or  districts]  to  be  affected  by  this  petition. 


236  OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


to  consider  the  creation  of  a  joint   subdistrict  embracing  the   territory  bounded 
as  follows:    [describe  the  boundaries.] 
And  thus  we  shall  ever  pray,  etc. 


[Sections  3934  and  3938.] 

The  above  form  may  readily  be  adapted  to  cases  as  they  may  arise. 

XIII.     REMONSTRANCE  AGAINST  JOINT   SUBDISTRICT. 

,  ,    19—. 

Hon.  ,  Probate  Judge  of  County,   State  of  Ohio: 

Whereas,  The  boards  of  education  of township,  county,  Ohio, 

and  of  I township  of  said  county  and  state,  at  a  joint  meeting  held  on 

day  of  ,   19 — ,  did  establish  a  joint  subdistrict  composed  of  territory  lying 

within  the  limits  of  said  township  and  bounded  as  follows:     [describe  boundary.] 

Therefore,  we,  the  undersigned  petitioners  and  electors,  residents  of  the 
territory  thus  described,  do  hereby  remonstrate  against  the  action  of  such  boards, 
and   do   most   respectfully  pray   and  petition   you    to   appoint   three    disinterested, 

judicious  men  of  county,  not  residents  of  the  township  to  be  affected  by 

this  petition,    to  consider  whether  the  action  of  said  boards  should   not  be   set 
aside  for  the  following  reasons,  to-wit:    [give  reasons.] 


In  case  the  townships  lie  in  different  cotinties  or  a  village  or  special  district 
is  affected,  the  above  form  may  be  changed  to  suit  the  circumstances. 

TOWNSHIP  BOARDS  OF  EDUCATION. 

The  oath   of  office   of   members   and   officers   of  boards  of  education    can   be 
administered  by  the  clerk  or  any  member  of  the  board. 

XIV.     OATH  OF  SCHOOL  DIRECTOR. 

The  following  oath  which  may  be  administered  by  the  clerk  or  any  other  mem 
ber  of  the  board  of  education,    should  be  taken  by  each  director  before  entering 
upon  the  discharge  of  his  duties.     See  section  3979. 

You,  .  do  solmenly  swear   [or  affirm]   that  you  will   support  the 

constitution  of  the  United  States,  and  the  constitution  of  the  State  of  Ohio,  and 
that  you  will  faithfully  and  impartially  discharge  the  duties  of  director,  in  and 
for  said  subdistrict,  number  ,  township, county,  Ohio,  accord- 
ing to  law  and  the  best  of  your  ability. 

A  similar  oath  should  be  taken  by  subdirectors. 

XV.     NOTICE  OF   SPECIAL  MEETING  OF  TOV^NSHIP  BOARD. 

Notice  is  hereby  given  that  there  will  be  a  meeting  of  the  board  of  education 

of  township,    county,    Ohio,    on   the  day  of  ,    at  

o'clock  ,    at  ,    to   consider   the  question  ,    and   other  business 

which  may  be  considered  necessary  to  transact. 

,  Clerk. 

, ,    19—. 


OHIO   SCHOOL   LAWS.  237 


Forms  and  Instructions. 


Note.  —  The  purpose  for  which  a  meeting  is  called  should  be  stated  in  the 
notice 

XVI.    TEACHER'S  CONTRACT. 

An  aggrement  entered   into  between  ,  of  ,  county, 

Ohio,   and  the  board  of  education  of  township  school  district  in  

county,  Ohio;    the  said  ^ hereby  agrees  to  teach  the  public  school  in 

subdistrict   No.  in   said   township  and   county   for  a   term  of  months, 

and  also  agrees  to  abide  by  and  maintain  the  rules  and  regulations  adopted  by 

said  board   for   the  government  of  said  schools  of  said   township   district.     And 

in  consideration  of  such  services,   the  said  board  of  education  agrees  to  pay  the 

said  the  sum  of  dollars,  payable  monthly  at  the  office  of  the 

treasurer  of  the  board. of  education. 

Entered  into  this day  of ,  19 — . 

,  Teacher. 

■,  President. 

,  Clerk. 

Any  special  provisions  may  easily  be  inserted. 


XVII.    CERTIFICATE   FOR  TEACEHR'S   PAY. 

To  the  Clerk  of Township,  County,  Ohio: 

This  is  to  certify,  that  ,  under  a  contract  duly  made  and  entered 

into,  taught  a  common  school  in  subdistrict  number ,  of  said  township,   from 

the day  of ,  19—,  to  the dav  ol ,  19—,  in  all weeks, 

at per  month :  and  that  there  is  due  h»ni  for  said  services  the  sum  of  $ . 

By  authority  of  the  Board  of  Educ?tioJ 

,  President. 


No. 


XVIII.    ORDER  FOR  TEACHER'S  PAY. 

,   Ohio.  ,    19—. 


To  Treasurer  of  Tp-junjip, County,  Ohio: 

Pay  to  ~-  thj  fUTP  of  ($ )   dollars  for  services  as 

teacher  in  subdistn*-*  No.  of  said  township,   from  ,    19 — ,  to  , 

19 — ,  in  all  '■  weeks,  at per . 


-,*  Township  Clerk. 


$ .  ,    Ohio,    .    19-. 

Received  on  the  above  order dollars. 

,  Teacher. 

School  orders  are  not  negotiable,  see  2*2  O.  S.,  144. 

XIX.    DISMISSAL  OF  TEACHER. 

\yHEREAS,   It  has  been  represented  to  us,  and  on  due  investigation  we  have 

found,  according  to  our  best  judgment  and  belief,  that  ,  who  has 

been  employed  and  is  now  engaged  in  teaching  a  school  in  subdistrict  number , 

township,  county.  Ohio,  is  negligent  [or  here  insert  any  other  suf^ 

ficicnt  cause]  as  such  teacher : 

Therefore,  is  hereby  dismissed  as  teacher  of  said  school. 


238  OHIO    SCHOOL    LAWS. 


P'orms  and  Instructions. 


Done  at  a  legally  convened  meeting  of  said  board  this day  of ,  19— r.  , 

,  President. 

Attest : 

,  Clerk. 

See  section  4017. 

Or:     Whereas,   we  have  been  required  by  the  board  of  examiners  of  


county,   to  dismiss ,  now  engaged  as  a  teacher  in  subdistrict  number 

,  township,  and  county  aforesaid,  the  said  board  of  examiners  having 

revoked  his  certificate  for  cause : 

Therefore,  said is  hereby  dismissed  as  teacher  as  aforesaid. 

Done  at  a  legally  convened  meeting  of  said  board  of  education  this  day 

of  ,    19—. 

,  President. 

Attest : 

,  Clerk. 

XX.  ORDER  ON  THE  TREASURER  OTHER  THAN  FOR  TEACHER'S 

PAY. 

No.  . 

,  Ohio,  ,  19—. 

To  Treasurer  of Township,  County,  Ohio; 

Pay  to  the  sum  of  ($ )   Dollars,  for  

from  the  school  fund. 

By  order  of  the  board  of  education. 


-,  President. 


-,  Township  Clerk. 


-,   Ohio,  ,   19—. 


Received  on  the  above  order  the  sum  of dollars. 


See  section  4047. 

School  orders  are  not  negotiable,  22  O.  S. ,  144. 

XXI.     CERTIFICATE  OF  ANNUAL  ESTIMATE. 

To  the  Auditor  of County : 

It  is  hereby  certified  by  the  board  of  education   of  township,    

county,  that  the  entire  amount  of  money  necessary  to  be  assessed  on  the  taxable 
property  of  said  township  for  all  school  purposes,  during  the  next  school  year, 
as  directed  by  secticJn  3958,  R.  S.,  is  dollars,  as  follows: 

For  building  purposes  and  repairs $ 

For  payment  of  teachers  after  state  fund  is  exhausted 

For  other  school  expenses 

Total $ 

By  order  of  the  board  of  education. 

■ ,  President. 

Attest : 

,  Clerk. 

,  Ohio,  ,  19—. 


OHIO   SCHOOL   LAWS.  239 


Forms  and  Instructions. 


XXII.    CERTIFICATE  OF  ANNUAL  ESTIMATES  FOR  JOINT 
SUBDISTRICTS. 

To  the  Auditpr  of County : 

It  is  hereby  certified  by  the  board  of  education  of  township,  

county,  Ohio,  having  charge  of  the  school  in  joint  subdistrict  number  ,  com- 
posed of  parts  of  and  townships,  that  the  amount  of  money  neces- 
sary to  be  assessed  on  the  taxable  property  of  said  townships,  to  pay  the  ex- 
penses of  said  joint  school  during  the  next  school  year,  as  directed  by  section 
3961  of  the  Revised  Statutes  of  Ohio,   is  dollars,   as  follows: 

TOWNSHIP. 

For  building  purposes  and  repairs $ 

For  payment  of  teachers  after  state  fund  is  exhausted 

For  other  school  expenses 

Total  $ 

TOWNSHIP. 

For  building  purposes  and  repairs $ 

For  payment  of  teachers  after  state  fund  is  exhausted 

For  other  school  expenses 

Total   $ 

The  number  of  youth  enumerated  in  May  last,  in  the  respective  parts  ot 
the  townships  included  in  said  joint  subdistrict,  was  as  follows:  town- 
ship,   ;    township,  ;    total,   . 

By  order  of  the  board  of  education  of  township. 

,  President. 

Attest : 

,  Clerk. 

. ,   ,    19—. 

Note.  —  In  case  the  townships  having  territory  in  a  joint  subdistrict  are  situ- 
ated in  different  counties,  a  copy  of  the  above  certificate  of  estimates  should  be 
sent  to  the  auditor  of  each  county. 

XXIII.    CERTIFICATE  OF  SCHOOL  FUNDS  IN  TREASURY. 

We  hereby  certify  that,   by  a  count,   as  required  by  law,   of  all  the  money, 

bonds  and   securities  in   the  hands   of  ,   treasurer  of  township 

[or  district],   county,   Ohio,   made  this  day  of  ,    19 — , 

in  the  presence  of  the  clerk'  of  the  board,   wc  find  dollars  [and  bonds, 

etc.,  in  value  amounting  to dollars]  of  sthool  funds  to  be  in  the  treasury 

on  the  date  above  named,  and  we  have  directed  the  clerk  to  enter  upon  the 
records  of  the  board  a  copy  of  this  report. 


Board  {or  committee.) 

Attest:  ,  President. 

.  Clerk. 

[See  section  4043,  Revised  Statutes.] 


240  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


XXIV.     TRANSFER  OF  TERRITORY. 
(Minutes  of  boards.) 

Resolved,   That  the  following  described  territory  be  and  the  same  is  hereby 

transferred  from  school   district,    county,    Ohio,    to  school 

'district,  county,   Ohio,   subject  to  the  provisions  of  section  3893,   Revised 

Statutes  of  Ohio   [give  description.} 

Resolved,  That  the  clerk  be  instructed  to  notify  the  board  of  education 
of  school  district  of  county,  Ohio,  of  the  passage  of  this  resolu- 
tion, and  upon  similar  action  being  taken  by  said  board  that  said  clerk  file  a 
certified  copy  hereof  with  the  county  auditor,  together  with  a  correct  map  of 
the  territory  described. 

XXV.    LEASE  TO  SCHOOL  DISTRICT. 

Know  all  men  by  these  presents: 

That  ,  of  the  county  of  ,  and  State  of  ,  for  the  con- 
sideration herein  mentioned,  does  hereby  lease  unto  the  hoard  of  education  of  the 

township  of  ,   county  and  state  aforesaid,    its  successors  and  assigns,   the 

following  premises,  to-wit:  [Here  insert  description],  with  all  the  privileges  and 
appurtenances  thereunto  belonging ;    to  have  and  to  hold  the  same  for  and  during 

the  term  of years  from  the day  of ,  19 — .     And  the  said  board  6f 

education  for  itself  and  assigns,  does  covenant  and  agree  to  pay  the  said 

for    the    said   premises,    the   annual    rent   of dollars.     [Insert   date   and 

place  of  payment.] 

In  witness  whereof,  the  said  parties  hereunto  set  their  hands,  this  day  of 

,   19—. 

*  ,  Lessor. 


President  of  the  Board. 
,  Clerk. 


Signed,  sealed,  and  acknowledged  in  the  presence  of  — 


State  of  Ohio, County,  ss.: 

Before  me,  a  in  and  for  said  county,  personally  appeared  , 

grantor  in  the  above  instrument,  and  acknowledged  the  same  to  be  volun- 
tary act  and  deed,  for  the  uses  and  purposes  therein  mentioned. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  affixed  my 
seal,  this day  of ,  A.  D.  19—. 

If  the  lease  be  for  three  years  or  more,  it  must  be  acknowledged,  attested  by 
two  witnesses,  and  recorded.  If  for  a  less  term,  it  need  not  be  executed  with 
these  formalities.  See  section  4112.  The  consideration  may  be  money  or  any- 
thing else,  and  the  form  varied  accordingly.     The  above  form  is  for  a  long  lease. 

XXVI.     OATH   OF   CLERK   OF  TOWNSHIP   BOARD. 

The  State  of  Ohio,  County,  Township,  ss.: 

Before  me, ,  clerk  of  said  township,  personally  came 


who,  being  duly  sworn  according  to  law,   says  that  he  will  support  the  constitu- 


OHIO   SCHOOL   LAWS.  241 


Forms  and  InstructioD6. 


tion  of  the  United  States  and  the  constitution  of  the  state  of  Ohio;  and  that  he 
will  faithfully  discharge  his  duties  as  clerk  of  the  board  of  education  of  the  town- 
ship district  of  township,  county,  Ohio,  during  his  term  of  office, 

and  until  his  successor  is  chosen  and  qualified. 


Sworn  to  before  me  and  signed  in  my  presence,  on  the day  of 

A.  D.  19—. 


XXVII.    TOWNSHIP  CLERKS  BOND. 

Know  all  men  by  these  {^resents : 

That  we,  ,  ,  are  held  and  firmly  bound  unto  the  state 

of  Ohio,    in   the  sum  of  dollars,    for  the  payment   whereof  we  jointly 

and  severally  bind  ourselves. 

Signed  and   sealed  by  us  this  day  of  ,    A.   D.  nineteen   hundred 

and  . 

The  condition  of  the  above  obligation  is  such  that,  whereas,  the  said 


has  been  duly  elected  and  qualified  as  clerk  of  township,   county, 

and  state  of  Ohio,  for  the  term  of  two  from  the  day  of  April,  A.  D. 

19 — ,  and  until  his  successor  is  chosen  and  qualified. 

Now,  if  the  said  shall  perform   faithfully  all  the  official  duties 

required  of  him  as  clerk  of  said  board,  then  this  obligation  will  be  void;   otherwise 
it  will  remain  in  full  force. 


The  sureties  on  the  above  bond,  and  its  amount,  approved  by  said  board  this 
-  day  of  ,  A.  D.  19—.  ^^__^^ 

President  of  said  Board. 
Clerk  of  said  Board. 

XXVIII.    OATH  OF  CLERK  OF  BOARD  OF  EDUCATION. 

(Other  than   township.) 

The  State  of  Ohio,  County,  Township,  ss.: 

Before  me,  ,   personally  came  ,   who,  being  duly  sworn 

according  to  law,   says  that  he  will  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  Ohio;    and  that  he  will  faithfully  discharge 

his   duties   as   clerk  of  the   board   of   education   of   the  district   of   

in  township,   county,    Ohio,    during  his  term  of  office,    and  until 

his  successor  is  chosen  and  qualified. 

of  said  Board. 

Sworn  to  before  me  and  signed  in  my  presence,  on day  of ,  A.  D, 

19—.  

16    S.  L. 


242  OHIO   SCHOOL   LAWS. 


Forms  and  Instructions. 


XXIX.     CLERK'S  BOND. 
Know  all  men  by  these  presents,    That  we,  


held  and  firmly  bound  unto  the  state  of  Ohio,    in  the  sum  of  — dollars, 

for  the  payment  whereof  we  jointly  and  severally  bind  ourselves. 

Signed  and  sealed  by  us  this  day  of  ,    A.  D,  nineteen  hundred 

and  . 

Whereas,  the  said  has  been  duly  chosen  and  qualified  as  clerk  of 

the  board  of  education  of district ,  in township,  county, 

and  state  of  Ohio,    for  the  term  of  one  year  from  the  day  of  April,   A.  D. 

19 — ,  and  until  his  successor  is  chosen  and  qualified. 

Now,  the  condition  of  the  above  obligation  is  such,  that  if  the  said 

shall  faithfully  perform  all- the  official  duties  required  of  him  as  clerk  of  said  board, 
then  this  obligation  will  be  void;    otherwise  it  shall  be  and  remain  in  full  force. 


The  sureties  on  the  above  bond,  and  its  amount,  approved  by  said  board  this 
-  day  of ,  A.  D.  19—. 


President  of  said  Board. 


Clerk  of  said  Board. 

XXX.     FINAL  RECEIPT  OF  TOWNSHIP  CLERK. 

,   Ohio,  ,   19—. 


Received  of  ,   late  clerk  of township,   the   sum'  of  

■dollars,    the  record  book,    account  book,    school  laws,    teachers'   certificates  and 
reports,  and  the  other  official  books  and  papers  in  his  hands. 

,  Clerk. 

See  section  4064. 

XXXI.     OATH  OF  TOWNSHIP  TREASURER. 

The  State  of  Ohio,  County,  Township,  ss.: 

Before   me,  ,   clerk  of   said  township,   personally   came  , 


who,  being  duly  sworn  according  to  law,  says  that  he  will  support  the  constitu- 
tion of  the  United  States,  and  the  constitution  of  the  state  of  Ohio;  and  that 
he  will  faithfully  discharge  his  duties  as  treasurer  of  the  board  of  education  of 
the  township  district  of  township,  county,  Ohio,  during  his  con- 
tinuance in  said  office,  and  until  his  successor  is  chosen  and  qualified. 


Sworn  to  before  me  and  signed  in  my  presence,  on  day  of ,  A.  D. 

19—. 


Township  Clerk. 

XXXII.    TOWNSHIP-  TREASURER'S   BOND. 
Know  all  men  by  these  presents:  That  we,  ,  


-,  are  held  and  firmly  bound  unto  the  state  of  Ohio,  in  the  sum 


OHIO   SCHOOL   LAWS.  243 


Forms  and  Instructions. 


■of  dollars,    for    the   payment    whereof    we   jointly   and    severally   bind 

ourselves. 

Signed  and  sealed  by  us  this  day  of  ,    A.   D.  nineteen  hundred 

and  . 

Whereas,  the  said  has  been  duly  elected  and  qualified  as  treasurer 

■of  township,   county,    and   state  of  Ohio,    for   the   term   of  

j^ear —  from  the day  of  April,  A.  D.  19 — ,  and  until  his  successor  is  elected 

and  qualified. 

Now,  the  condition  of  the  above  obligation  is  such,  that  if  the  said 

shall  faithfully  disburse,  according  to  law,  all  school  funds  which  come  into  his 
hands,  then  this  obligation  shall  be  void;  otherwise  it  shall  be  and  remain  in 
full  force. 


The  above  bond  approved  by  said  board  this day  of ,  A.  D.  19 — . 

President  of  said  Board. 


Clerk  of  said  Board. 

A  certified  copy  of  bond  must  be  filed  with  county  auditor,  see  section  4043. 

XXXIII.    OATH  OF  TREASURER  OF  BOARD  OF  EDUCATION. 
(Other  than   township.) 
The  State  of  Ohio,  County,  Township,  ss.: 

Before  me,  ,  personally  came  ,  and  was  duly  sworn, 

according  to  law,  to  support  the  constitution  of  the  United  States,  and  the  con- 
stitution of  the  state  of  Ohio;    and  perform  faithfully  his  duties  as  treasurer  of 

the   board   of   education   of   the   district   of  ,    in   township, 

county,    Ohio,    during  his  continuance   in   said  office,   and  until  his  suc- 
cessor is  chosen  and  qualified. 


Sworn  to  before  me  and  signed  in  my  presence,  on  this  day  of 

— ,  by  the  said . 


of  said  Board. 


XXXIV.    TREASURER'S  BOND. 
(Other  than  township.) 
We  hereby  acknowledge  ourselves  as  firmly  held  unto  the  state  of  Ohio  in 

the  sum  of  dollars,   for  the  payment  whereof  we  jointly  and  severally 

bind  ourselves,   our  heirs,  executors  and  administrators. 

Signed  and  sealed  by  us,  this  day  of  A.  D.  19 — , 

The  condition  of  the  above  obligation  is  this,  that  the  said  has 

been  duly  cho.scn  and  qualified  as  treasurer  of  the  board  of  education  of  

district  of  ,    in  township,   county,   and   state  of  Ohio,    for 

the  term  of  one  year  from  the day  of  April,  A.  D.  19 — ,  and  until  his  suc- 
cessor is  chosen  and  qualified;  now  if  the  said  ■  shall  faithfully  dis- 
burse, according  to  law,  ail  school  funds  which  come  into  his  hands,  then  this 
obligation  shall  be  void;    otherwise  it  shall  be  and  remain  in  full  force  and  eflfect 


244  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


The  above  bond  approved  by  said  board  this  day  of  ,  A.  D.  19 — .. 


President  of  said  Board. 


Clerk  of  said  Board. 
XXXV.     FINAL  RECEIPT  OF  TOWNSHIP  TREASURER. 


-,  Ohio, ,   19—. 


Received  of  ,   late  treasurer  of  township,   county,, 

the  sum  of dollars,  and  the  following  securities,  bonds,  and  other  school- 
property,    to-wit:     

,  Treasurer. 

XXXVI.    COMPLAINT  IN   REGARD  TO  SCHOOL  FUNDS. 

To   the  State   Commissioner  of  Common   Schools: 

Sir:     I  respectfully  submit  the  following  state  of  facts  as  existing  in 

school  district,  county,   Ohio. 

(Statement  of  complaint  containing  one  of  the  causes  mentioned  in  section. 
364,   R.   S.) 

In  consideration  of  the  above  statement  I  respectfully  request  the  appoint- 
ment of  some  competent  accountant  to  investigate  the  condition  of  the  school, 
funds  of  said  district. 

,  Complainant. 

State  of  Oliio,   County,    ss.: 

I, ,    ,    and   ,    do    solemnly    swear    (affirm) 

that  the  statements  made  in  the  foregoing  complaint  are  true  to  the  best  of  my 
knowledge  and  belief. 


Sworn  to  by  ,  — ■ ,  and ,  and  subscribed  in 

my  presence  this  day  of ,  19 — . 


(Title) 

I  hereby  certify  that  ,  ,  and  ,  are  free- 
holders and  taxpayers,  residents  of  school  district. 


.,   Ohio,  ,    19—. 


County  Auditor. 


COMPULSORY  EDUCATION  LAW. 

(Sections  4022-1— 40-2-2-1 4.) 
XXXVII.     NOTICE  TO  PARENT  OR  GUARDIAN. 


State  of  Ohio, County,   ss.: 

To  


You  are  hereby  notified  that  ,  a  child  between  the  ages  of  

and   years,    under   your    charge,    is   not    attending    school,    that    such   non- 
attendance  is  in  direct  violation  of  the  law  and  without  legal  excuse. 


OHIO   SCHOOL   LAWS. 


245 


Forms  and  Instructions. 


You  are  hereby  required  to  cause  said  child  to  attend  some  recognized  school 
within  five  days  from  the  date  of  this  notice,  and  you  are  warned  that  if  the 
truancy  of  said  child  is  persisted  in  the  final  consequence  will  be  as  provided 
by  law,   as  indorsed  hereon. 

Witness  my  hand  this  day  of  ,   19 — . 


school  district, 


county,   Ohio. 


Truant  Officer. 


Print  sections  4022-7  and  6986-7,   R.  S.,  on  reverse  side  of  form. 


XXXVIII.    NOTICE  TO  TRUANT. 


■State  of  Ohio, 
To  — 


County,  ss. : 
,  a  child  between  the  ages  of 


and 


years. 


You  are  hereby  notified  that  you  are  and  will  be  required  to  attend  some 
recognized  school  within  five  days  from  the  da/te  of  this  notice,  and  you  are 
hereby  warned  that  if  this  notice  is  not  complied  with  the  final  consequences  will 
be  ?s  provided  by  law  as  indorsed  hereon. 

Witness  my  h"\nd  this  day  of  ,    19 — . 


school  district. 


county,  Ohio. 


Truant  Officer. 


Print  section  4022-8  in  full  on  reverse  side  of  form. 


XXXIX.    NOTICE  TO  EMPLOYERS  OF  YOUTH. 
[here  insert  name  of  person,  company  or  corporation]  : 


To 

Your  attention  is  respectfully  called  to  sections  4022-2,  4022-3,  4022-5  and 
4022-11,   6987-7,   R.  Si,   to  compel  the  elementary  education  of  children. 

In  compliance  with  the  provisions  of  this  act,  you  are  requested  to  return  to 
me  on  this  blank  the  names,  ages,  and  residences  of  all  minors  under  fourteen 
years  of  age  employed  by  you,  also  all  minors  between  fourteen  and  sixteen  years 
of  age,  and  to  state  whether  you  have  a  certificate  from  the  superintendent  of 
schools,  or  clerk  of  the  board  of  education  that  authorizes  you  to  employ  such 
minors. 


Clerk  of 


Board  of  Education. 


Names  of  minors. 

Age. 

Residence. 

Certificate  —  Yes  or  no. 

i 

! 

In  cities  this  notice  may  be  signed  by  the  superintendent  of  schools. 


246 


OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


XL.    TEACHER'S  REPORT. 
(Section  4022-6.) 


-,    Ohio, 


19—. 


To  the  Clerk  of  the  Board  of  Education  of 


County,  Ohio. 


The   following  is   a  correct  list  of  the  scholars  attending  my  school   at  the 

time  of  this  report,  being  the  last  week  in  ,  19 — . 

,  Teacher. 


Names  of  scholars. 

Age. 

Residence. 

OHIO   SCHOOL    LAWS. 


247 


Forms  and  Instructions. 


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248  OHIO    SCHOOL    LAWS. 


Forms  and  Instructions. 


TRAVELING  LIBRARIES. 


The  attention  of  boards  of  education,  superintendents  and  teachers, 
is  called  to  the  fact  that  the  Board  of  Library  Commissioners,  having 
control  of  the  state  library,  has  made  arrangements  whereby  any  reading 
club,  association  of  citizens,  board  of  education,  or  public  library  can 
secure  a  collection  of  from  twenty-five  to  thirty-five  books  from  such 
library,  by  complying  with  the  conditions  indicated  in  the  following 
instructions.  It  is  hardly  Accessary  to  point  out  the  benefits  to  be  derived 
by  taking  advantage  of  this  opportunity  to  secure  standard  works  from 
a  library  comprising  seventy-five  thousand  volumes. 

APPLICATION. 
State  Board  of  Library  Commissiofiers,  Columbus,  Ohio  : 

Genti^Emen-- We,  the  undersigned  citizens  of  Ohio,  members  of  the 

hereby  apply  to  the  Board  of  Library  Commissioners  of  Ohio  for  the  loan  of  books 
from  the  Ohio  State  Library. 

It  is  hereby  expressly  agreed  by  and  between  the  parties  hereto  that  the  books 
sent  in  response  to  this  application  are  loaned  to  said  applicants ;  that  said  appli- 
cants are  to  pay  all  freight  or  express  charges  on  said  books,  and  return  the  same  to 
the  Ohio  State  Library  in  as  good  condition  as  when  they  are  received,  ordinary 
wear  excepted. 

is  hereby 

appointed  librarian,  and  is  authorized  to  represent  us  in  all  arrangements  with  the 
Board  of  Librarj'  Commissioners,  until  we  notify  said  Board  of  Commissioners  that 
said  librarian  is  no  longer  authorized  to  represent  us. 


INSTRrCTIONS. 

In  filling  out  the  application,  have  at  least  two-thirds  of  the  mem- 
bers sign  the  same.  When  ladies  sign,  have  them  prefix  Miss  or  Mrs. 
to  their  names. 

If  the  librarian  is  a  married  lady,  give  the  husband's  name  as  well  as 
her  own  for  convenience  in  corresponding. 

In  case  of  a  club,  give  date  of  organization,  number  of  members,  and 
number  of  signers. 

All  the  blanks  must  be  carefully  filled  out. 

Books  may  be  kept  three  months,  with  privilege  to  extend  the  time. 
The  right  is  reserved  to  call  for  a  book  any  time  after  one  month  from 
date  of  issue. 


OHIO    SCHOOL    LAWS. 


249 


Forms  and  Instructions. 


The  librarian  and  members  will  be  held  responsible  for  the  safe 
return  of  the  books.  No  resignation  will  release  either  until  this  condi- 
tion is   complied  with. 

EXPLANATIONS. 

Objects:  i — ^To  furnish  good  literature  to  the  public.  2— To 
strengthen  small  libraries.  3 — To  create  an  interest  in  the  establishment 
of  new  libraries. 

A  traveling  library  is  a  collection  of  from  twenty-five  to  thirty-five 
books  sent  out  by  the  State  Library  to  a  reading  club,  an  association  of 
citizens,  a  board  of  education  or  a  public  library,  to  be  kept  three  months, 
with  privilege  of  renewal. 

On  receipt  of  a  request  on  the  forms  furnished  by  the  State  Library, 
properly  filled  by  the  members  of  the  club,  the  officers  of  a  free  public 
library,  board  of  education,  or  'Jther  association,  the  books  will  be 
shipped.  The  parties  receiving  the  books  must  pay  transportation  both 
ways. 

No  catalogues  of  books  in  the  circulating  department  of  the  State 
Library  are  sent  to  patrons,  for  the  following  reasons :  i — We  have  no 
appropriation  for  the  publication  of  a  catalogue.  2 — We  are  contin- 
ually adding  new  books,  and  a  catalogue  would  not  show  what  could 
be  furnished.  3 — Thousands  of  books  are  continually  in  circulation, 
and  we  would  rarely  be  able  to  furnish  the  list  made  from  a  catalogue. 

Where  patrons  desire  it,  a  list  of  books  can  be  maJe  in  accordance 
with  general  directions  and  submitted  for  approval  before  the  Traveling 
Library  is  shipped. 

If  a  list  of  books  desired  is  sent  with  the  application,  it  will  be  fur- 
nished as  nearly. a^  possible;  if  only  the  general  subjects  are  named, 
books  relating  to  those  subjects  will  be  sent. 

The  Ohio  State  Library  desires  a  wider  circulation  for  its  Traveling 
Xibraries.    Those  interested  are  invited  to  correspond. 

For  further  information  address  "State  Librarian,  Columbus,  Ohio." 


INDEX. 


A. 

Absence.  pack 

Board  of  education  to  ascertain,  40"?5 154 

Excuse  for,   4022-1 ^. ,  I45, 

Habitual  truant,  punishment,   4022-4-7-10 ^ ,. 148-151 

Abstract. 

Enumeration,  failure  to  transmit  to  county  auditor,  action  taken,  4036  159« 
Auditor  of  county  to  transmit  to  state  commissioner  of  common 

schools ,  4039 leo 

Statistics,   transmitted  by   county  auditor  to  state  commissioner  of 

common  schools,  4060 168 

Academy.     (See  College.) 

General  provisions  as  to  37i6-3771a 212r-230- 

Military ,  how  constituted ,  3757 ^  223 

Board  of  visitors  for,  3758,  3759 223 

Report  of  to  state  commissioner  of  common  schools,  363 IJ 

Account. 

Cincinnati  University  trust  funds,  4101 188 

Clerk  of  school  districts,  how  kept,  4055 166 

Common  school  fund,  3954,  3955 > 71 

Contingent  school  fund,  3961,  3962 76,  77 

Educational  institutions  accounts  of  officers,  3769 228 

School  funds,  account  of  by  auditor  of  state,  3954,  3955 71 

Schools  specially  endowed,  accounts  of,  4105-71 ► 211 

Treasurer  of  school  funds,  accounts  of,  4055 -.  165> 

Accountant. 

Appointment  of  to  investigate  funds,  364 11 

Powers,    duties  and  compensation.    365 12 

Account  Books. 

Clerks  and  treasurers  furnished  by  county  auditor,  4055 165- 

Advertisement. 

Bonds,  for  sale  of,  .22b  (footnote) 99* 

Building  school  houses,  bids  for.  3988 95 

Bonds,  sale  of,  must  be,  22b  (footnote) 9ft 

Affirmation. 

Directors  of  subdistricts,  on  election,  3916 52 

Age. 

Youth  of  school  age.  4013.  4030 133,  157- 

Alcoholic  Drinks.  ( See  Scientific  Temperence  Instruction.) 
Alumni.     ( See  Colleges.) 

Election  of  trustees  and  visitors,  by,  3747,  3749 218,  219" 

Apparatus. 

Appropriation  of  money  for,  3995 lOB 

Limit  of  appropriation ,  3995 lOL 


252  OHIO    SCHOOL    LAWS. 


A  Index. 


Appeal.  PAGE. 

County  Commissioners. 

Contingent    fund,     apportionment    of    in    townships,     may    be, 

to,  3967 79 

Transfer  of  territory,  may  be,  to,  3893 16 

Probate  Court. 

Excuse  of  child  from  school,  to,  4022-1 145 

Joint  subdistricts,   formation  of,   3934 64 

Special  districts,   creation  of,   3948  67 

Subdistricts,    creation  of,   3948 67 

Village  districts,   creation  of,  3948 67 

Appointment.     (See  respective  titles  of  boards,  officers  etc.) 

General  rule  in  regard  to ,  11  (footnote) 89 

Apportionment. 

Contingent  fund,  by  township  board,  3967 79 

Revision  of,  by  county  commissioners,  3967 „,.  79 

Deaf  children ,  funds  for  schools  for ,  4009-5 126 

Joint  subdistricts,    funds  for,   3961 76 

When   county  line  divides ,    3962 77 

Ohio  and  Miami  Universities,  funds  for,  3951b 70 

Salt  lands,  interest  on  proceeds  of  sale  of,  3952 70 

State  school  funds,  by  auditor  of  state,  3956 71 

When  county  line  divides  original  surveyed  township,  3957 72 

School  funds,  by  county  auditors.  3964,  3966 77,  78 

Distribution  of  money  after  apportionment,  3965 78 

Township  to  newly  created  village  or  special  district,  3946a 67 

Transfer  of  territory,   after,  how  made,  3893 16 

Appropriation. 

Cincinnati  common  council,  by,  for  site  of  university,  4103 189 

Cleveland  public  library,  for,  4002-18 110 

Private  property,  of,  for  school  purposes,  8990 97 

School  funds,   of,  when  illegal,  2834b  (footnote) 85 

Vote  necessary  for  certain  appropriations,   3982 90 

Art  Association  or  College. 

Accounts,  3769 228 

Attorney  General  to  enforce  trusts  of,  3771 229 

Bequests ,   etc. ,   may  accept ,   3727 213 

Objects,  articles  of  incorporation  may  be  extended  to  others,  3768.  . . .  228 

Trustees  ineligible  to  office  in,  3770 229 

Articles  of  Incorporation. 

Educational  institutions ,  certain ,  3762a 224 

Fine  art,  law,  etc.,  association,  what  may  provide,  3767 227 

Supplement  for  colleges ,   3768 228 

Assessment. 

Colleges,  etc.,  amount,  how  fixed,  3755,  3756 222,  223 

Meeting  for,    3754 222 

Stockholders,  against,  3753 222 

Assignment  of  Youth. 

Board  of  education  may,  4013 133 


OHIO  SCHOOL  LAWS.  26H 


Index.  A — B 


Astronomical  Observatory.  PACK. 

Cincinnati  University  may  establish,  4104 189 

Tax  levy  for,   4104 189 

Attendance.     ( See  Compulsory  Attendance.) 

Closing  of  schools  during  epidemic,  2135  (footnote) 92 

Compulsory   education,    requirements,    4022-1-4029 145-154 

Night  schools  at,  4012,  4012a 133 

Attendance  at,  equivalent  to  what  at  day  school,  4029..  154 

One  and  one-half  miles  from  school,  privilege  of  pupils  living,  4022-a  144 

Non-residents,  by  agreement  of  boards  of  education,  4022 144 

Youth  entitled  to  at  school,  free,  4013 VU 

Attorney  General. 

Educational  institutions,  duties  as  to  3771 229 

Ohio  State  University  board,  legal  adviser  of,  4105-17 195 

Auditor.     ( See  County  Auditor.) 

Cleveland,  city  auditor  to  be  director  of  accounts,  3899-11 31 

Election  of  auditor  of  board,  in,  3980 88 

Auditor  of  State. 

Apportionment  of  school  funds,  by,  395(> 71 

Bequests  to  school  funds,  accounts  of,  3955 71 

Ohio    State    University,    duties    as    to,    4105-40.    41o5-47,    41U5-49 

4105-50 204.  205 

Virginia  military  land,  duties  as  to,  4105-48 -'•! 

B. 

Ballot.     ( See  Election.) 

Director  of  subdistrict  elected  by,  3916 ■>'- 

Election    of   members   of   boards    of   education    in    special    districts, 

by.    3924 59 

Village  districts,  by,  3908 48 

Ballot  Box. 

Separate ,   for  women ,   3970-11 84 

In  certain  other  districts,  3902 »• .  45 

Bequests. 

Boards  of  education  may  accept.  3975 87 

Cleveland  library  board  may  accept,  4<>02-4 107 

College  or  university  may  hold  in  trust .  3727 213 

Common  school  fund,  to,  how  applied,  3955 71 

County  commissioners,   may  accept  educational.  20-1  (footnote)..  181 

Library  boards  in  city  and  village  districts,  may  accept,  4002-44  120 

Ohio  State  University,  bequests  to,  4105-15 1^4 

Toledo  library  board,  may  accept,  4002-31 JIT) 

Bids,  Bidders,  Bidding. 

School  houses,  construction  of,  3988 ''•'> 

Cleveland,   in,  3899-21 '^^ 

Toledo,  in,  3899-38 ^ 


Blanks. 

Board  of  education,  report  of,  blanks  for,  1  "■'>•< 167 

County  auditor  to  distribute.  4058,  4060 167,  168. 

Blank  books,  furnished  by,  4055 165 


"254  OHIO    SCHOOL    LAWS. 


B  Index. 


Blanks  — Concluded.  page. 

School  youth ,  blanks  for  enumeration  of,  4039 160 

Teachers'  ireport    of    attendance    under    compulsory    education    law, 

4022-6    149 

Truant  officer,    blanks  for,   4022-5 148 

Blind. 

School,  attendance  of  blind  persons  compulsory,  4022-10 151 

.Board  of  Education.     (See  School  Districts.) 
City -School  Districts,   in 

•     Classification,   3885,   3886 ' 14,  15 

East  Liverpool ;  number,  terms ,   3898a 27 

-First  Class 

Board  of  examiners  in,  to  appoint,  4077 177 

Compensation  of  examiners,   4082 179 

Constituted  how,    board  of  education,   3898 25 

Meetings  of,    3903 45 

.Members  of,  3898 25 

Election  of,   qualifications,  term  3898 25 

Rules  and  regulations,    3903 45 

Sinking   fund,    3970-3970-9 81-83 

Teachers'  institutes  in,    4092 183 

May  dismiss  school  to  attend,  4091 182 

Vacancy  in,  how  filled,  3903 45 

Vote  of  electors  residing  in  attached  territory,  3900 44 

Duty  of  board  in  such  cases,  3900 44 

JF'iTst  class,   first  grade.     (See  Cincinnati.) 

Constituted,    how,    3897 20 

Meetings  of,   3903 45 

Members   of,    3897 20 

Election  of,   in  new  wards,  3897. 20 

Qualifications  of,   term,   3897 20 

Rules  and  regulations  of,  3903 45 

Teachers'  appointment,   confirmed  by,  3897 20 

Vacancies  in,  how  filled,  3897,  3903 20,  45 

'-First  class,   second  grade.     (See  Cleveland.) 

Bonds,  3994a,  b,  c,  d 100,   101 

Meetings  of,    3903 45 

Rules  and  regulations ,    3903 45 

Vacancies ,   how  filled ,  3903 , 45 

IFirst  class,  third  grades     (See  Toledo.) 

'                Classified,     3885 14 

Meetings   of,   3903 45  < 

Rules  and  regulations,    3903 45 

Vacancies ,    how  filled,  3903 " 45 

"Massillon  board ,    how  constituted ,    3898 25 

Portsmouth ,  number,  terms ,  3898a  (2) .- 28 

.Second  class 

Classified,  3885,   3887 14,  15 

Constituted  how,   3904 46 

Meetings  of,    notice,   3909 48 

-Member  of,   election,   3905,   3907 47 


OHIO  6CHOOL  LAWS.  255 


Index.  B 


.Board  of  Education  —  Continued.  PAGE. 

Number  of,   increased,  3907,  3911 47,  49 

Term    of,    3905 .' 47 

Clerk  of.    (See   Clerk  of   Board  of  Education.) 
Special   Districts.     (See  Special   Districts.) 

Classified,    3885,    3891 14.16 

Constituted  how,  3923,  3946 59,  66 

Duties  of,  in  abandoned  district,  3926,  3927 60 

Election  of,  3l>24,  3925 59 

Increased   how,    3923 59 

Members,  property  and  debts,  if  district  abandoned,  3927 60 

Members  of,   3923 59 

New  district,  election  in,  3924 59 

Term   of  office,    3924 59 

Township  Districts.    (See  Township  Districts.) 

Classified,  3885,  3890 14,  16 

Election  of  directors  and  subdirectors,  3916,  3917 52,  53 

High  school,  township  or  joint  township,  4009-15-4009-20 128-130 

Joint  subdistricts,    establishment  of,  3928 62 

Action  against  district  board,  3961a 76 

Control  of  school,    in,   3929 63 

Correction   of  error,    3961 76 

Dissolution  of,  by  boards,  3950 68 

Petition  for  establishment  of,  3921 ,  3932 55 ,  63 

Site,   designation   of,   3941a 66 

Meetings   of,   3920 ." 55 

Members  of,   3915 52 

Organization  of,    when,   3915 52 

Subdistricts,  creation  of  by  petition,  3946 66 

Boundaries  of,   changed,   how,  3921,  3922 55,  58 

"ViLL.\GE  Districts. 

Classified,    3885,    3888 14,   Ig 

Constituted,  how,   3904 46 

Election  of,  3908-3910 48,  49 

Members  of,   3904 46 

Membership   increased,    how,    3911 49 

Organizaton  of  village  into  village  district,  3914 51 

Term  of,  3908 48 

General  Prcvisions. 

Absence  of  president  and  clerk ,  3983 90 

Accomodation  for  all  children ,   4022-13 153 

Admission  to  schools  of  those  not  entitled  by  right  to  attend,  4013  133 

Apparatus,  may  purchase,  limited,  3996 101 

Appropriate  private  property ,  3})90 97 

Assigning  pupils  to  schools,   4013 133 

•Attendance ,  duties  as  to,  4025 '•>4 

Compulsory,   4022-l-10->9 145-154 

Attestation  of  record  of,   3984 90 

Auditor,  certain  boards  appoint,  3980 88 

Bequests,   acceptance  and  rules  3975 8< 

Boards  o^  examiners,  appointment  of,  4077,  40g4 177,   180 

Compensation  and  expenses  of,   4082 179 


256  OHIO  school'  laws. 


B  Index. 


Board  of  Education  —  Continued.  pagf. 

Bond  of  treasurer,  approval  of,  4043 161 

Bonds  issued  by,  for  school  house,  3993,  3994 99,   100 

To  extend  debt,  2834a  (footnote) 98 

Centralization  of  township  schools  authorized,  3921-3921-8 55-58 

Children's  home  school  at,   authorized,   4010 131 

City  Solicitor,   is  legal  advisor  of,  3977 87 

Shall  not  be  a  member  of  the  board,  3977 87 

Compensation ,    none   except ,   3974 87 

Penalty  for  receiving,  6975  (footnote) 87 

Contingent  fund,   apportionment  of,   3967 79- 

County  commissioners  to  levy,    when,  3969 79 

Estimate  for,  to  be  made  by  board,  3958 72 

Certify  estimate  to  county  auditor,  3960 75 

Joint  subdistricts,   estimate  for  3961,  3962 76,  77 

Contract  of,  no  member  shall  have  interest  in,  3974 87 

If  money  not  set  aside,  void,  2834b  (footnote) '         85- 

Must  be  authorized  by  board,  3974 87 

Contract  for  building,  repairing  etc.,  how  let,  3988 95 

Conveyances,   how  executed,  3971,  3974 84,  87 

Corporate    powers    of,    3971 84 

Deaf  children,    schools  for  in 

Cincinnati  and   Cleveland,   4009-3-4009-8 , 126-127 

General  law  in  regard  to,  4009-9-4009-14 127,   128 

Debt,  extension  of  time  on,   change  of,  2834a  (footnote) 98 

Elections.     (See  Elections.) 

Embezzlement  of  member,  penalty,  6846  (footnote) 165 

Employees    of,    term,    4017 ,. . .  135 

Employing  relatives  as  teachers  unlawful,  6975a  (footnote) 135 

Entertainments  in  school  houses,   3987-1. 94 

Evening  schools,  4012,  4012a 133 

Exchange  of  real  property  by,   3971 84 

Exemption  from  taxes  and  execution,   3973 86 

Expulsion  of  pupils,    vote  necessary,  4014 134 

Female  suffrage,    3970-10^970-i2 84 

Flag,  U.  S.,  on  scl.ool  houses,  3986-1 92 

Forms  relating  to  bonds 241-243 

Funds  in  hands  of  treasurer,  duty  of  board  as  to,  4043 161 

Free  school   books ,    4026 154 

German  language,  teaching  of,  when  required,  4021 143 

High  schools,  board  may  establish,  how,  3921-1  to  3921-8,  4009, 

4009-1,  4009-2,  4009-15  to  4009b 56-58,  125,   126,  128-131 

Illegal  loan  or  deposit  by  officers  may  be  recovered,  21,  (footnote)  161 

Infirmary,  school  at,  4010 131 

Intoxicating  liquors,  to  cause  instruction  as  to,  4020-23-4020-25 ..  142 ,   143 

Joint  subdistricts  in,  action  against  for  negligence,  3961a 76 

General  provisions  in  regard  to,  3928-3950 62-68 

School  house  in,  erection  of,  change  of  site,  3989 96 

Kindergarten  may  be  established,    3958a 73 

Library.     (See   Library.) 

Appropriation  of  money  from  contingent  fund  for,  3995 101 

Cincinnati,  appoints  members  of  library  board,  3999 102 


OHIO   SCHOOL   LAWS.  257 


Index.  B 


Board  of  Education  — Continned.  PAGE. 

City,  fourth  grade,  second  class,  may  levy  tax  for,  4002-46. .  120 

Dayton,  board  may  levy  tax  for,  4002-36 : 116 

Levy  of  tax  for,  3996,  4002,  4006 102,  106,.  121 

Managers  of,  board  may  elect,  3999 102 

In  Cleveland,  40UO 105 

In    Portsmouth.    4U04 IJl 

Meetings  of,  3903,  3909,  3920 1  -, .    1- .  ,j.j 

Illegal,    when,    3985 01  . 

Music,    instruction   in,    4017a li-ki 

Non-residents,  admission  of  to  schools,   when,  4013-4022 133,  144 

Oath  of  members  and  officers,   3979 88 

Who  may  administer,   3979 58 

Officers,    selection    of,    3980 88 

Organization   of,    3980 88 

Orphans'  asylums,  schools  at,  4010 131 

Penalty  on  members  for  neglect  of  duty,  3969 79 

Physical  culture,   instruction  in,  4020-17 141 

President  of   Board.     (See   President.) 

Primary  schools,   establishment  of,   4007 124 

Process  against,   how  served,   3976 87 

Property,  title  to,  of  boards,  3972 86 

Exempt  from  taxation  and  execution,  3973 86 

Prosecuting  attorney,   legal  adviser  of,   3977 87 

Quorum  of,  3982 90 

Record  of  proceeding  of,   3984 90 

Record  of  schools,  kept  by  teachers  and  superintendents,  4059..  167 

Relief  of  children,   board  authorized  to  afford,   4022-9 151 

Report  by,  made  to  county  auditor,  4057 167 

Superintendents'  and  teachers'  report  to  board,  4059 167 

Resolutions  requiring  yea  and  nay  vote,  3982 90 

Rules  and  regulations  of,  3985 91 

Sale  of  property  by ,   restrictions ,   3971 84 

At  private  sale,   when ,  3971 84 

At  public   auction,    3971 84 

Schools,  control  and  management  of.  to  have,  4007,  4017 124.   135 

Continued,  must  be,  how  long,  4007 ."• 124 

Employees,  in  appointment,  dismissal  and  salaries  of,  4017...  1-'^ 

Sufficient  number  must  be  provided,    4007 124 

School  houses,  grounds,  etc.,  to  provide,  3987 94 

Contracts  for,  bidding  and  letting,  3988 95 

Tax  levy  ior.  .3991-3994 ' 97-100 

Use  of  for  purposes  other  than  educational ,  3987-1 94 

Scientific  temperance  instruction,  duties  as  to,  4020-23-4020-25..  142-143 

Service  of  process  on ,  3976 87 

State  commissioner  of  common  schools  to  confer  with,  357 Iff 

Superintendent,    appointment  of,    4017 135 

Surety  of  treasurer,  additional  may  be  required,  4043 161 

Suspension  of  pupils.  4014 134 

Taxation  By.    (See  Tax.) 


17    S.  L. 


258  OHIO   SCHOOL   LAWS. 


B  Index. 


Board  of  Education  —  Concluded.  page. 

Levy  by  board  for  school  house,  3991-3994 97-100 

Maximum    levy,    3959 73,  74 

School  property  exempt  from ,  3973 86 

Teachers,  employment  and  dismissal  of,  4017 135 

Certificate,    must  have,    4074 175 

Members  related  to,   cannot  vote  for,   6975a  (footnote) 135 

Order  for  pay  of,   how  drawn,   4018 136 

Teachers'  institutes,  aid  for,  in  cities,  4092 183 

Text  books,   adoption  of,   4020-12-4020-14 139 

Bribery,  recommendation  of  text  books  for  a  consideration, 

constitutes,    6975a   (footnote) .135 

Free  school  books ,   4026 154 

Publishers'  failure  to  furnish,  action  by  board,  4020-13 139 

Purchase  and  sale  of  by  board,  4020-14 139^ 

Tie  vote,  decided  by  lot,  3978 88 

Title  to  what  property,  boards  have,  3972 86 

Transfer  of  territory,  by,  3893 16 

Treasurer  of.     (See  Treasurer  of  Board  of  Education.) 

Truant  officer,   must  employ,  4022-5. 148 

Tuition,  agreement  between  boards  for  payment  of,  4022 144 

"Boxwell  Law,"  payment  under,  4029-1 ibb' 

"One  and  one-half  mile , "  law ,  4022a 144 

U.  S.  flag,   display  of,   3986-1 92 

Vacancies  in,  how  filled,  3978,  3981 88,  89 

Vaccination,   may  enforce  rules,   3986 92 

Free,  when,  3986 92 

Yea  and  nay  vote,  when  required,  3982 90 

Board  of  Examiner.     (See  State   Examiners,  County  Examiners,   City  and 
Village  Examiners.) 

Board  of  Health. 

Inspection  of  schools,    2135    (footnote) 92 

Vaccination,  2135  R.  S 92 

In  schools,  3986 92 

Board  of  Subdirectors.     (  See  Subdistricts.) 

Board  of  Visitors.   / 

Alumni  may   appoint ,    3747 218 

College,   of,   3742 217 

Compulsory  education,   duties  as  to,  4022-11 152 

Military  academies,   of,   3758,   3759 223 

Religious  bodies  may  appoint,  3742 217 

Schools  especially  endowed,   of,  4105-72 211 

Bonds. 

Advertisement  d^  sale  of,  22b  (footnote) 99 

Bids  may  be  rejected ,  22b  (footnote) 99 

Centralization,   issue  for,  3921-4 57 

Cincinnati,   treasurer  of  pension  fund,  3897g 2.5- 

Cleveland,    deficiency   bonds,    3994a-3994d : 100,  101 

Director  of  accounts,   of,  3899-16 32 

Library  bonds,  4002-11,  4002-12 108 

Clerk  of  board  of  education  of,  4050 164 


OHIO   SCHOOL  LAWS.  259 


Index.  B — C 


Bonds  —  Concluded.  i-  \ob. 

Clerk  of  city  and  village  board  of  examiners,  4079 178 

Clerk  of  county  "board  of  examiners,   4076 176 

Columbus,  for  manual  training  schools,  4020-22 142 

Compulsory  education,   parents  must  give,   4022-7 149 

Debt,  refunding  or  changing,  issue  for,  22b  (footnote) 99 

Educational  institutions,  may  issue,  3734 214 

Forms    of 241-243 

Ohio  State  University,  treasurer  of,  4105-14 194 

Sale  of,   public,   22b  (footnote). 99 

Money   must   go   to   funds   for   which    bonds   were    issued,    22b 

(footnote)  V9 

Par,  must  be  sold  at,  22b  (footnote)  3993 99 

School  house,   bonds  for,   3993 99 

In  city  districts,  3994 100 

Schools  .specially  endowed,  trustees  of,  4105-70 211 

State  commissioner  of  common  schools,  of.  355 9 

Security  for  costs,  petition  for  joint  subdistrict,  3935 •>4 

Teachers'  institute  committee,   of,  4036 '. 181 

Forfeiture   of,    4089 182 

Toledo,  business  manager,  of,  3899-31 39 

I^ibrary,  building  bonds.  4002-23,  4002-24 111-113 

Treasurer  of  board,  3899-34 39 

Treasurer  of  board,   4043 161 

Wilberforce  University,  treasurer  of,   4105-62 207 

Books.     ( See  Text  Books.) 

Board  of  education  may  buy  books  for  library,  3995,  4006 101 ,  121 

School  fund,  examination  of  books,  364,  366 li-lJ 

Boundaries. 

Joint  subdistricts  of,  boards  of  education  to  fix,  3928 '  -' 

Subdistricts,   existing  boundaries  of,  3892 16 

Changed,  how,  3921 '>^ 

Transfer  of  territory  from  one  district  to  another,  3893 16 

Boxwell  Law. 

Compensation  of  examiners,   4029-4 156 

County  commencements,   4029-2 155 

Examinations,    4029-1 155 

Township  commencements,  4029-2 155 

Tuition,  payment  of,  4029-1 ,  4029-3 155 

Boys  Industrial  School. 

Notice  to  county  visitors  before  commitment  to,  4022-11 152 

Bribery. 

Text  books,    recommending  of,    for  a   consideration,    is,    penalty, 

6975a   (footnote) 185 

C. 
Cadets. 

Rules  for,  etc. ,  at  military  academies,  3757 223 

Centralization. 

Board  of  education  may  centralize  schools,  3921 55 

Must  centralize  when,  3921-2 56 


260  OHIO    SCHOOL    LAWS. 


Index. 


Centralization  —  Concluded.  PAGE. 

Reorganization  of,  3921-5,  3921-6 57 

Clerk  and  treasurer  of,  3921-7 58 

"Centralization"   defined,    3921-1 56 

Course  of  study,  3921-8 58 

Election  on  question  of,  how  conducted,  3921-2,  3921-3 56 

Bond  issue  for,  3921-4 57 

High  .schools,   provided  for,   3921-8 58 

Laws   governing   schools ,    3921-7 58 

Petition   for,    3921-2 56 

Transportation  of  pupils,  3921 ,  3921-8 55,  68 

Certificate. 

Branches  of  study  enumerated,  4074 175 

City  and  village  districts,  examinations  in,  4078 117 

Examination  fee,  4081        ., 178 

Granting    certificates    in ,  '4081 • 178 

Revocation  of  certificates  in,  4081 178 

Cincinnati,  life  certificates  in,  4081-1 179 

Cleveland,   indebtedness,   certificate  of,    4020-20 142 

County  certificate,  majority  of  board  may  grant,  4071 172 

Examination    fee,    4071 172 

Grades  of,   different,   4073 174 

Granting  of,  how,  4073 .•  174 

Primary   certificate,    4074 175 

Requirements   necessary,    for,    4073 174 

Revocation  of,  proceedings,,   4073 J.74 

Special,    granting   of,  .4074. 175 

Valid,    where,    4073 174 

Deaf  children,   teacher  of  schools  for,  must  hold,  4009-13 128 

Election  of  teachers  in  townships,  certificate  of,  4017 135 

Scientific  temperance  examination  in,   required,  4020-24 143 

State  certificate,    issue  of,   4066 170 

Effect  of.  where  valid.  4067 171 

Examination   fee ,    4068 171 

Revocation  of,   4067. .  .> 171 

Tax  levy,  certificate  to  county  auditor,  of,  3960-3962 75-77 

Teacher  must  have,  4074 175 

Filed  with  clerk,  must  be,  or  copy,  4051 164 

Certificate  of  service ,   4018 136 

Transfer  of  territory,  certificate  of,  to  cotinty  auditor,  8893.... ««.  16 
Chairman. 

Election  in  joiht  subdistricts ,  of,  3949 68 

Special  districts,   3924,   3926 59,  60 

Subdistricts,    3917,    3922 53,  58 

Village  districts,   3908,   3913 48,  50 

Joint  subdistricts,  meeting  to  establish,  of,  3928 62 

Change  of  Districts. 

Advancement  of  municipal   corporations,   3889 15 

Exception  as  to  villages ,   3889 15 

Special  district  to  subdistrict,  3926,  3927 60 

Township  district  to  village  district,  how  made,  8894-8896 17,  18 


OHIO  SCHOOL    LAWS.  261 


Index. 


Change  of  Districts  —  Concluded.  pack. 

Transfer  of  territory,  3893 16 

Appeal  in  such  cases,   3893 16 

Charity  School  -    ( See  Zanesville.) 
Charter. 

Educational  institutions,  amendment  of  etc.,  3762a 224 

Children's  Home. 

Children  at,  can  attend  schools,  when,  4013 133 

Schools  at,  4010. . . . ! 131 

Christmas. 

Dismissals  of  schools  on,   4015 134 

Cincinnati. 

Board  of  education,  how  ccyistituted,  3897 20 

Board  of  examiners,  may  ^ant  life  certificates,  4081-1 179 

Deaf  children,   schools   for,   4009-3-4009-8 126,  127 

Library,    board  of  trustees,   3999 102 

Access  to,  by  all  residents  of  Hamilton  county,  3999a 103 

Control  of,    by  trustees,   3999b 103 

Fund  heretofore  raised,  disposition  of,  3999d 105 

Librarian  and  assistants,  employment  of,  3999b 103 

Membership  of  board  of  trustees,   limited,  3999e 105 

Tax  for  library  purposes,  3999c 104 

Tax  levy,   maximum,   8959 73,  74 

Teachers,   appointment   of,   3897a 21 

Teachers'  pension   fund,   3897b-3897i 22-25 

City  treasurer,  duties  as  to,  compensation,  3897g 25 

University  of,  4095-4104 '. 186-189 

Cincinnati  Uuiversity.     ( See  University  of  Cincinnati.) 
City  and  Village  Examiners. 

Appointment,    term,    vacancies,    4077 177 

Cincinnati,   may  grant  life  certificates,  4081-1 ITH 

Compensation  and  expenses  of,  4082 17M 

Examinations,    how    conducted,    4078 ..  177 

Expert,   assistance  of,  in  diiHcult  branches,  4078 177 

Fees  for  examination ,  4081 1 7S 

Disposition  of,  4083 llu 

Granting  of  certificates ,   4081 178 

Law  made  applicable  to  all  city  and  certain  village  districts,  4084 180 

Meetings  of,   how  often,  4080 178 

Membership,   number,  qualifications,  4077,  4084,  4085 177,  180 

Organization  of  hoard,  4079 178 

Record,    how  kept,    4083 17!i 

Report  of  appointment,  to  state  school  commissioner,  4077 177 

Revocation  of  appointment,   4077 177 

Scientific  temperance,  examination  in,  4020-24 143 

City  Districts. 

Attendance  in,   compulsory,  4022-1 l-l'i 

Board  of  examiners,   in.  4077-408.') 177  l^i 

City   Solicitor,    legal  advisor  of,   3977 -7 

Gassified,   3885 H 


262  OHIO    SCHOOL    LAWS. 


Index. 


City  Districts  — Concluded.  page. 

Clerk  of  board  of  education,  3980,  4050,  4056.. 88,  164,  166 

Kindergarten,   board  may  provide,   3958a 73 

Libraries,  tax  levy  for,  in,  3996 102 

Cities  of  certain  size  may  establish,  4002-39-4002^5 .' 118-120 

City   districts,    second   grade,    fourth   class,    library  in,    4002-46, 

4002-47    120 

Managers  of,  in  certain  cities,  3999 102 

Sinking  fund,   3970-6-3970-9 82,  88 

Tax  levy ,   maximum ,   3959 ^ '. 73 ,  74 

Treasurer  of  school  boards,  4042^049,  4055 160-163,  165 

First  Class,    (See  Cincinnati,    Cleveland,    Columbus,    Dayton,    East 
Liverpool,  Massillon,  Portsmouth,  Toledo.) 

Advancement  of  corporation  changes  district,  3889 15 

Attached  territory,   elections  in,  3902... 45 

Board  of  education  in,  election  of,  3898 25 

Organization  of,  3980 88 

Bonds   issued  by,    3994 100 

Classification  of,  3885,  3886 14,  15 

Electors  in  attached  territory,  vote  of,  3900 44 

Meetings  of  boards  of  education ,  3903 45 

Rules  and   regulations ,    3903 45 

Teachers'   institutes ,    in ,    4092 183 

Second  Class. 

Advancement  of  corporation,  changes  district,  3889 15 

Board  of  education,  election  of,  3905,  3906,  3907 47 

■     Members  of,   3904 46 

Membership  increased,   how,   3911 49 

Notice  of  election,   3909 48 

Organization  of,  3980 88 

Returns  of  election,  3910 •. 49 

Term  of  members,    3905 47 

Classification  of,   3885,   3887 14,  15 

"City  Solicitor. 

Legal  advisor  of  boards  of  education ,  3977 87 

Shall  not  be  a  member  of  the  board ,  3977 ■    87 

Classification. 

Change  of,  by  advancement ,  3889 15 

City  districts,  first  class,  3886 15 

Second   class,    3887 15 

Special  districts,  3891 16 

Township  districts ,  3890 16 

Village   districts,    3888 15 

Clerk  of  Board  of  Education. 

Abandonment    of    special   districts,    duties    of    special   and   township 

clerks  as  to,   3927 60 

Absence  of,  at  meetings,  who  acts,  8983 '. 90 

Absentees  from  schools,  prosecution  of,  duties  as  to,  4025 154 

Accounts   of,    how   kept,    4055 165 

Blanks  for  reports  under  compulsory  education  law,    must  furnish, 

4022-6    149 


OHIO   SCHOOL   LAWS.  263 


Index. 


Clerk  of  Board  of  Education  — Concluded.  PAGE. 

Bond  of,   4050 164 

Centralized  towTiships,  is  clerk  of,  8921-7 58 

Certificate  of  estimate  for  tax  levy,  to  county  auditor,  '^'•'<'<"  76 

Transfer  of  territory,    of,    when,    381»3 16 

Compensation  of,   4056   166 

Compulsory  attendance,  may  excuse  from,  4022-1 145 

Election  of,   3980 88 

Enumeration  return  to  county  auditor,   4035 158 

Liable  for  damages  for  failure  to  make.  40;i6 159 

Penalty    for    failure,    4038 159 

Forms  relating  to 287-242 

Joint  subdistricts,  petition  for,  to  be  filed  with,  3932,  3933 63 

Meeting  of  commissioners  to  establish,   must  !»•  oresLMit  at.  3940  65 

Library  books,  bill  for  must  be  certified,  3997...  102 

Moneys  received  by,  must  be,  4047 163 

Notice  of  election  in  city  districts,  second  class,  3909 48 

In    special   districts,    3925 59 

In  township  districts.  3917 53 

In  village  districts',  3909 48 

Oath  of,    :V.m ' 88 

May  administer  to  others,    3979 88 

Order  on  treasurer ,  must  sign ,  4018 ,  4047 136 ,   163 

For  teachers'  pay,  illegal,  when ,  4051 164 

Petition  for  additional  subdistrict,  filed  with,  3946 66 

Of  .special  district,  3946 6(i 

Of  village  district,   3946 66 

Publication  of  receipts  and  expenditures.  4053 ' 165 

Record  of  proceedings,   kept  by,   3984 90 

Reports  required  of,  358,  4052,  4057,  4058 10,   164,  167 

Penalty  for  failure  to  make.  4061 ,  4062 168 

School  examiner  of  appointment,   4077 177 

State  school  commissioner  may  require,  358 10 

Roll  call,  when  required,  3982 90 

Successor,  property  turned  over  to,  4054 165 

Township  clerk  is  clerk  of  board,  3915 52 

Township  commencement,  clerk  to  hold,  4029-2 155 

Clerk  of  Boards  of  Examiners. 

City  and  Village  Boards  of. 

Bond    of,    4079 178 

Compensation    of,    4082 1 '9 

Fees ,  disposition  of,  4083 179 

Record,  kept  by,  4083 " 17» 

Reports  of,   4077,   4083 177.  179 

County  Boards  of' 

Bond  of,  4076 1^6 

Compensation   of,   4070 1'2 

Election  of, "  4070 172 

Fees,  disposition  of,  4072 173 

Record  to  be  kept,   4070 172 


264  OHIO    SCHOOL    LAWS. 


Index. 


Clerk  of  Boards  of  Examiners  —  Concluded.  page. 

Report  by  to  county  auditor,  4072 173- 

To  state  school  commissioner,  4070,   4076 172,   176 

Clerk  of  Township.     (  See  Township  Clerk.) 
Cleveland. 

Board  of  Education. 

Auditor  of  board,  who  is,  3899-11 31 

School  council. 

Appropriations  must  be  made  by,  3899-14 31 

Business  methods  of,  3899-4 29 

Election  of,   3899-3 29 

Impeachment  of  members  of,  3899-22 34 

Libraries,    powers  as  to,    3899-5 30 

Manual  training  schools,   3899-5 30 

Meetings  of,  3899-3 29 

Organization  of,  3899-3 29 

Teachers,   employment  of,  3899-5 30 

Vacancies  in,  how  filled,   3899-9 30 

School    director.  * 

Bond  of,   3899-8 " 30 

Compensation   of,    3899-8 30 

Duties  of,  3899-8 30 

Election  and  powers  of,  3899-6 30 

Employees,  appointed  by^  3899-10 30 

Impeachment  of,    3899-22 34 

Term  of  oflfice,  3899-7 30 

Vacancy  in,   how  filled.  3899-9 30 

Bonds,  deficiency,   issue  of,  3994a,  3994b 100 

Contracts  by  board,  bindmg,   when,  3899-19 33 

Letting  of,  how,  exceptions,   3899-21 35 

Must  be  in  writing,  when,  3899-20 33 

Deaf  children,  schools  for,  4009-3-4009-8 126,  127 

Director  of  Accounts. 

Appropriations,  must  be  by  school  council,  3899-14 31 

Assistants  of,  appointed  by  school  council,  3899-16 32" 

Bond  of,   3899-16 32 

City  auditor  to  be  director,   3899-11 31 

Claims,    legality   of,    3899-13 31 

Duties  of,  3899-11,  8899-12 31 

Liability  of,   3899-15 32 

Office  of,    former  abolished,   3899-18 33 

Reports   of,    3899-16 32 

Teachers,  payment  of,  3899-12 31 

Library. 

Access ,    who  entitled  to ,   4002-10 108 

Bonds,  issued  by  board,  how,  4002-11,  4002-12 108 

Building  and  grounds,  how  acquired,  4002-2,  4002-3 106,  107 

Contract,  invalid,  when,  4002-9 ' 107 

Donations  may  be  accepted,  4002-4 107 

Library  board,   election,   membership,   4000 105 

Oath  of  members  of,  4002-6 lOT 


OHIO   SCHOOL   LAWS.  265. 


Index. 


Cleveland  —  Concluded.  pack. 

Organization    of,    4002-7 107 

Powers  and  duties  of.  4001 105 

Report  of,  4002-8 ." .  107 

Property  exempt  from  taxation  and  execution,  400(2-0 107 

School    funds   used   for    library,    4002-18 110 

Sinking  fund,   4002-13-4002-17 10l»,  110 

Tax  for  library,  how  expended,  4002 106 

Title  to  property,  management  of,  4002-1 ....  106 

Manual  training  schools,  4020-18-4020-20 141 ,   142^ 

Offices,   former  abolished,   3899--23 'JS 

Superintendent,  appointment  of.  3899-10 30 

Teachers,  appointed  by,  3899-10 30 

Term  of,  3899-10 30 

Tax  levy,   maximum,  3959 13,  74 

Teachers ,   appointment  of,    3899-10 SO- 

Pension    fund    of,    3899a-3899p 35-,37 

Treasurer  of  l)()ard ,   duties,  3899-17 33 

Colleges  and  Universities 

Cincinnati  University.     (See  University  of  Cincinnati).  4095-4104 186-189' 

Incorporated  Institutions. 

Accounts  of,    how  kept ,    report,    3769 _'28 

Alumni    may   elect    trustees,    3747 218 

Appoint    visitors,    3747 218 

Election ,  conduct  of.  3748,  3749 218.  219 

Attorney  General ,   duties  as  to ,  3771 229 

Board  of  trustees,  election  of,  37olb 220 

Membership,   increase  in  number,  3751a-377ia 220-230' 

Ineligible,    who  are,    3770 229 

Quorum   of.   3745 218 

Term  of  Office,  37«}0 22$ 

Vacancies,   how  filled.  3733 214 

Bonds,   trustees  may  issue.   3734 214 

Charter,   amendment  of,   3762a,   3762b 224,  225 

Directors  and  trustees  of  certain  associations,  3767 227 

Endowment  fund  of.  37.')0 219 

Diverted,   how,   3732 _'14 

Faculty  of,   its  powers,  3728 _'13 

Hazing,    unlawful,    penahy,    <>819-1    (footnote) 14 

Laws,  benefits  of.  how  acquired.  3746.  3751 218,  220 

Location,    change    of.    3731 .    3761 214,  223 

Mechanics  and  agriculture.  3729 213 

Mechanics  institutes  may  borrow  money,  3768-1 J-X 

Directors'  liability,  3768-2 228 

Medical  college,  bodies  for  dissection,  3763,  3764 226.  227 

Name,   change  of.   3762a,   3762b * 224.  225 

May    be    religious    denomination.    .3751b 220 

Organization  of.   3726 215 

Patron,    what   may  be,   3741 217 

Property,    increase   of,    3734 214 

Sale  of.   3762 224 


ii66  OHIO    SCHOOL   LAWS, 


Index. 


Colleges  and  Universities  —  Concluded.  PAGE. 

May   hold  in  trust,    3727 , 213 

Purposes,  set  forth,  maybe,   when,  3751b 220 

Change    of,    3762a,    3762b. 224,  225 

May  be  added  to,    3768 228 

Religious  control  of,  3736-3740,   3751c 215-217,  221 

Religious  body  entitled  to  representation,  3744 .217 

Representation  to  cease,  when,  3743 217 

Statement  of  property  to  be  filed,  3735 215 

Stock  changed  to  scholarship,   3730 213 

Stockholders'  liability,   3753-3756 222,  223 

Visitors,  appointment  of,  3742 217 

Ohio  University.     (See  Ohio  University),   4105-1-4105-7 191,   192 

Ohio  State  University.     (See  Ohio  State  University),  4105-9^105-53. .  193-206 

Reports  of,  363 11 

State    commissioner    of   common    schools,    employment   of,    by,    pro- 
hibited.    356 10 

Toledo  University  (See  Toledo  University),    4095-4105 18G-190 

Wilberforce  University  (See  Wilberforce  University),  4105-54-41.05-66.  206-208 
Columbus. 

Manual  training, schools,  support  of,  4020-21 ,  4020-22 142 

Park,   board  authorized  to  donate  land  to,   3903-1 45 

Commencements. 

County  commencements  under  "Boxwell  Law,"  4029-2 155 

Township  commencements  under  "Boxwell  Law,'"  4029-2 155 

Expenses   of,    how   paid,    4029-4 156 

Commissioner.      (See  State  Commissioner  of  Common  Schools,  County  Com- 
missioners. 

Commissioners. 

Joint  subdistricts,  establishment  of,  by,  3936-3945 ^. '    64-66 

Committees. 

Standing  committees  of  township  boards,  3920 55 

Teachers,  action  on  recommendation  of,  4017 ^.  135 

Common  Pleas  Court. 

Appointment  of  board  of  education   for  union  high  school  district, 

4009b     131 

Judge  of,  duty  as  to  report  of  examiner  of  funds,  366 13 

Schools  specially  endowed,  appointment  of  trustees  for,  4105-67 210 

Common  School  Fund.     (See  Funds  ) 

Compensation. 

Board  of  education,  members  of,  shall  not  receive,  3974 87 

Cincinnati,   city  treasurer,   of,   8897g '. .' 25 

City  and  village  boards  of  examiners,  of,  4082 179 

Clerk  of  board  of  education.   4056 166 

County  auditor,  of,    4064 169 

County  examiners,    of,   4075 176 

Clerk  of,  4070 172 

Under   Boxwell   Law,    4029-4 156 

Enumerators,  of,  4031 157 

Examiner  of  school   funds ,   365 12 


OHIO   SCHOOL   LAWS.  267 


Index. 


Compensation  —  Concluded.  pack. 

Library    boards,    shall   not   receive,    3999,    4000;    4002-21,    4002-40 

102.  106,  111,  118 

Ohio  State  University,  officers  of,  4105-44 204 

Prosecuting  Attorney,   shall  not  receive,  3977 87 

Treasurer  of  board  of  education,  4042,  4056 160,  166 

Complaint. 

Form,    36 244 

Funds,   fraudulent  use  of,   in  regard  to,  364 11 

Compulsory  Attendance. 

Age  of  youth  affected,  4022-1,   4022-2 145,   146 

Attendance  necessary ,  4022-1 145 

Minors  between  14  and  16,  4022-3. 147 

Night  schools  at,  equivalent  to  what,  4029 154 

Blind  \nstitution ,    in  regard  to,  4022-10 151 

Board  of  county  visitors ,   duties ,   40*22-11 152 

Boards  of  education  to  ascertain  condition  of  children  under  14  years 

'  4025   154 

Branches  of  study  required,  4022-1 145 

Corporation,   violation  of  by,  penalty,  4022-11 152 

Deaf  and  dumb  institution,   in  regard  to,  4022-10 151 

Employment  of  minors  under  14,  4022-2 146 

Between  14  and  16,   4022-3 147 

Penalty  for  violation,  4022-3 147 

In   mines,   302   (footnote) 147 

Excuse ,  how  obtained .  4022-1 145 

Forms  relating  to 244-247 

Free  school  books,  4026 154 

Inoperative,   when,  4022-13 153 

Jurisdiction  of  courts,  4022-11 152 

Juvenile  disorderly  persons,  defined,  4022-4 148 

Proceedings  against,   4022-8 160 

Penalties  for  violations ,  4022-1 1 152 

Repeated  violations,   4022-12 168 

Under  former  law,  4027 154 

Relief  to  enable  child  to  attend  school,  4022-9 151 

Reports  of  ptiblic  and  private  schools ,  4022-6 149 

Seating  accomodations  necessary,    4022-13 153 

State  commissioner  of  common  schools,  duties  as  to,  4022-14 153 

Tax   levy  authorized,  4022-13 158 

Truancy,   proceedings  in  cases  of,   4022-7 149 

Penalties,    4022-7 149 

Truant  officer,  appointment,  powers,  duties,  4022-5 148 

Consolidation. 

Subdistricts,  of,  3921,  3922 55,  58 

Constitution  of  Ohio. 

Encouragement  of  schools.  Art.  1 ,  Sec.  7 5 

Oath  to  support,  3979 88 

School  funds,  preservation  of.  Art.  6,  Sec.  1 5 

Provision  of,  by  taxation.  Art.  6,  Sec.  2 5 

School  laws,  excepted  from  general  rule.  Art.  2,  Sec.  26 5 


268  OHIO    SCHOOL    LAWS. 


Index. 


Construction.  page. 

Laws,  of,  decisions  and  opinions.... 7 

Contingent  Fund. 

Apportionment  of,  in  township  districts,  3967 79 

Board  of  education  to  provide,  3958 72 

County  commissioners  may  levy ,  when ,  3969 79 

Joint  subdistricts ,   apportionment  to ,   3961 '. 76 

Toledo,  how  applied  in,  3968 79 

Contract. 

Board  of  education  by,  how  made,  3974 SJ 

Members  of,  shall  have  no  interest  in,  3974 87 

Cleveland  board  of  education  by,  3899-19-3899-21 : 33 

Library  board,  when  invalid,  4002-9 107 

County  examiners  may,  for  rent  etc. ,  4075 176 

School  houses,  how  let,  3988 , '...  95 

Toledo,   manner  of  letting,  8899-37,  3899-38 40 

Conveyance. 

Board  of  education,  authorized  to  make,  3971 . .  .■ 84 

How  made,   3974 87 

Pupils  may  be  conveyed,   when,   3921-3921-8 55-58 

Corporations.     ( See  Articles  of  Incorporation.) 

Boards   of  education  are ,    3971 84 

Educational  institutions.  (See  Colleges  and  Universities)  3726-^771a. .  213-229 

Ohio  State  University,   4105-10 .'....  193 

School  attendance,  violations  by  agents  of,  4022-11 152 

Schools  specially  endowed,  4105-67 210 

Costs . 

Joint  subdistricts,  costs  in  establishment  of,  3943,  3945,  3950 66,  68 

Security   for,    3935 .■ 64 

Council. 

Cincinnati,  powers  of,  as  to  university,  4095-4104 186-189 

Toledo,  trusts  for  educational  purposes,  may  accept,  4105 190 

University  of,  powers  of  council  as  to,  4105 190' 

Vaccination  of  pupils,  duty  as  to,  3986 92 

County  Auditor. 

Apportionment  of  school  funds  to  all  districts,  3964,  3966 77,  78 

Blank  books  to  furnish  to  clerk  of  board  of  education,  4055 165 

School    examiners ,    4075 176 

Treasurer  of  school  funds,  4055 165 

Blanks,  distribution  of  to  school  districts,  4058 167 

Bonds  of  clerk  and  treasurer,  copy  to  be  filed  with,  4043,  4050 161,   164 

Clerk  of  board  failing  to  report,  auditor  may  appoint  other  person, 

4062   168 

Compensation  of  auditor,    4064 169 

Contingent  fund,  estimate  for  to  be  certified  to,  3960,  3962 75,  77 

Distribution  of  funds  to  school  treasurers,  3965 78 

Enumeration ,   returns  of  to ,  4035 158 

Auditor  to  take,    when,   4036 159 

Return  to,  when  county  line  divides  original  surveyed  township, 

4037    159 


OHIO   SCHOOL   LAWS.  269 


Index. 


County  Auditor  —  Concluded.  p.\gk. 

Return  by,  to  state  commissioner,  4039 160 

Fines,  collection  of,  for  school  pufposes,  duty  as  to,  3970.  80 

High  school  districts,  certificate  of,  levy  for,  4009-16 129 

Joint  subdistricts,  apportionment  of  contingent  fund  to,  3901 76 

Establishment  of,  copy  of  proceedings  to  be  filed  with,  3928 62 

Where  county  line  divides  district  3962,  3963 77 

Penalties  for  not  making  reports ,  4061 ,  4063 168 

Reports  to,   required,  4052,  4057,  4072 164,  167,  173 

Reports  of,  required,  358,  4039,  4044,  4052,  4057,  4060 

10,  160,  162,  164,  167,  168 

School  houses,  duty  as  to  tax  levy  for,  3992 98 

Tav  levy, estimate  of,  certified  to,  3960 76 

Teachers'  institute,  funds  for,  duties  as  to,  4087 182 

Territory  transferred,  duties  as  to,  3893 16 

Treasurer  of  school  districts,  settlement  with  etc.,  4044.  4046,  4048.. 162,  168 
County  Board  of  Examiners. 

Appointment  of,  4069 171 

Boxwell   examinations ,    4029-1 155 

Commencements,    county,    4029-2 155 

Compensation   of  examiners,   4029-4 156 

Branches  of- study  required  for  teachers*  certificates,  4074 175 

Certificates,   granting  of,   4073 174 

Revocation  of,   4073 174 

Clerk,  duties  of,  4070 172 

Compensation   of,    4070.... 172 

Compensation  of  members,  4029^4,  4075 156,  170 

Examination  fee ,  4071 172 

Disposition  of,  4072 173 

Expenses  of  board,  how  paid.  4075 176 

Ineligible,   who  are,  4069,  4085 171 ,   18Q 

Majority  of  members  necessary  to  take  action,  4071 172 

Meetings  of,  limited  in  number,  4071 172 

Membership,  limited,  how,  4069,  4085 171,  180 

Notice  of  meeting,  what  necessary,  4071 172 

Organization   of,    4070 172 

Primary  certificates,  granting  of,  4074 175 

Qualifications  necessary,  4069,  4085 171 ,   180 

Record  to  be  kept,  4070 172 

Removals  from  board .   4069 171 

Reports  to  be  made,  4070,  4072 172,   173 

Revocation  of  certificates,  4073 174 

Scientific  temperance ,  examination  in ,  4020-24 143 

Special  certificates ,  granting  of,  4074 175 

Teacher,    qualifications   necessary,   4074 175 

Term  of  member?,   4069 171 

Uniform  system  of  examinations,   4071a 173 

Vacancies,    how   filled,    4069 171 

County  Commissioners. 

Apportionment  of  funds  to  subdistricts  may  be  appealed  to,  3967 79 

Bequests  for  educational  purposes,  may  accept,  20-1  (footnote) 181 


270  OHIO    SCHOOL    LAWS. 


C — D  Index. 


County  Commissioners  —  Concluded.  PAGE. 

Board  of  education,  commissioners  m^  act  as,  when,  3969 79 

Children's  homes,  schools  at,  duties  as  to,  4010 131 

Contingent  fund,  when  to  levy,  3969 79 

County  auditor,   compensation  of,   4064 169 

Joint  subdistricts,   levy  of  tax  for  school  house  in,   when  made  by, 

3941a 65 

Territory  transferred,  approved  of,  by,  3893 16 

Appeal  to ,  when ,  3893 16 

County  Treasurer, 

Compensation  of,  3960. ., 75 

School  funds,  duties  as  to  state  funds,  3956 71 

When  county  line  divides  district,  duties,  3963 77 

Tax,   collection  of,  3960 ; 75 

Course  of  Study. 

German  taught,  when,  4021 143 

High  school,  township  or  joint  township,   in,  4009-18 130 

Centralized  townships ,   3921-8 58 

Physical  culture ,  in  certain  schools ,  4020-17 141 

Physiology  and  hygiene,   4020-23 142 

Scientific  temperance,  4020-23 .♦ 142 

Text  books,   adoption  of,   4020-14 139 

D. 
Dayton. 

Library. 

Library  board,    powers  of,    4002-32 115 

Election  of,   4002-33 115 

Non-partisan,    4002-33 115 

Museum,  may  establish,  4002-38 117 

Organization  of,  4002-37 117 

Powers  and  duties  of,  4002-34-4002-37 115-117 

Term  of,  4002-33 115 

Librarian  and  assistants,   employment  of,  4002-84 115 

Tax  levy,  for  library,  how  made,  4002-35,  4002-36 116 

Deaf  Children. 

Cincinnati  and  Cleveland. 

Car  fare  of,    to  be  paid,   4009-7 1*27 

Enumeration   of,    4009-4. .  .• 126 

Funds  for,   state,  4009-5,   4009-^ 126,   127 

Laws  governing  schools ,   4009-8 127 

Report  of  schools,   4009-4 126 

Schools  for,    establishment  of,   4009-3 126 

General. 

Attendance  of,  compulsory,  4022-10 151 

Funds  for  school,  from  county,  4009-11,  4009-12..... 127,   128 

Inspection   of   schools,    4009-14 128 

Report  of  schools,   4009-10 127 

Schools  for,    authorized,   4009-9 127 

Teachers   for  schools,   4009-13 128 

Truant  officer,  duties  as  to,  4022-10 151 


OHIO   SCHOOL    LAWS.  -  .  1 


Index.  D — R 


Debt.  PACE. 

Refunding  of,  issue  of  bonds,  2834a  (footnote) 9ft 

Levy,    2834a   (footnote)... 'lA 

Resolution,   ■J834a  (footnote) Mi 

Deeds. 

Board,  of  education,  deed  by,  3971.  3974 84,  87 

Ohio  university  land,   leasehold  estate,    converted  into  fee   simple, 

4105-2-4105-4    ; 1!>'2 

Unpatented  lands,  deed  of,  made  by  trustees  of  Ohio  State  University, 

4105-48    204 

Degrees. 

Educational  institutions,  power  to  confer,  3726 21i 

Toledo  University,    may  confer,  4102 189 

University  of  Cincinnati,    may  confer,    4102 189 

Devise. 

Common  school  fund  of  state,  to,  3955 71 

Endowed  schools,   to,    management   of,   4105-67 210 

Institutions    may    receive,    3727 213 

Ohio    State   University,    for,    4105-15 l!'l 

Toledo    public    library,    for,    4002-31 '  !!', 

Directors.     ( See  Subdistricts.) 

Appointment  to  fill  vacancy,   3981 s9 

Form    of 234 

Contingent  fund,  apportionment  of,  director  may  appeal  from,  3967..  79 

Election    of,    3916,    3917 52,  53 

In    new   subdistricts,    3922 68 

When  special  district  is  abandoned ,  3927 60 

Enumeration    taken    by,    4032 158 

Joint  subdistricts,   how  taken,   4034 158 

Libraries  in  certain  cities  and  villages,  of,  4002-40 118 

Oath  of,    3979 88 

Form  of  236 

Universities  of  Cincinnati  and  Toledo,   of,   4098^105 187-190 

Vacancies,    how  filled,    3978,   3981 88,  89 

Dismissal. 

Schools,   on  holidays,   4015 134 

Teachers  to  attend   institutes,   4091 182 

Teacher,    dismissal    of,    4017 135 

Improperly  dismissed,  may  bring  suit,  4019 137 

Districts.     ( See  City,  Village,  Special,  Township,  and  Joint  Subdistricts.) 
Donations.     (See  Bequests.) 

E. 

Bask  Liverpool. 

Board  of  education ,  election  of,  3898a 27 

Education.     ( See  Board  of  Education,  Colleges,  Schools.) 

Bequests,  county  commissioners  may  receive,  for,  20-1  (footnote)....  181 

Application  of  such  fund,  20-1  (footnote) 181 

Compulsory,   4022-1-4022-14 1  io-l.V{ 


272  OHIO    SCHOOL    LAWS. 


^  Index. 


Elections.  PAGE. 

Bonds,  issue  of  for  school  house,  3991 97 

Centralization,  bonds  for,  election,  3921-4 57 

Centralization  of  township  schools,  for,  3921-2,  3921-3 56 

Cincinnati,   board  of  education,    of,   3897-3903... 20-45 

City  districts,  board  of  education,  election  of,  3901,  3905,  3906,  3907. .  44,  47 

Attached  territory,   elections  in,   3902 45 

Membership  of  board  increased ,   3911 49 

Notice  of  election,   3909 48 

Returns  of  election,   3910. .' 49 

Cleveland,  school  council,   of,  3899-2,   3899-3 28,  29 

School  director,  3899-6,  3899-7 30 

East  Liverpool ,   board  of  education ,  3898a 27 

Educational  institutions,  election  of  trustees  and  visitors,  by  alumni, 

3747,    3749 •. 218,  219 

Forms   relating   to 231-233 

High    school,    township    or  joint   township,    election    on    question, 

4009-15    128 

Union  of  districts  in  township  for  high  school  purposes,  election 

for,    4009b 131 

Lot ,  election  d'ecided  by ,  when ,  3978 88 

Massillon ,   board  of  education ,   3898 25 

Portsmouth ,    board  of  education ,   3898a(2) 28 

Special  districts,   in,   3924,  3925,  3927 59,  60 

Abandonment  of,   election  for,    3926 60 

Tax  to  exceed  maximum  allowed  by  law,  vote  on,  3959 73,  74 

Special  tax,  vote  on,  3991 97 

Teachers'  institute,    officers   of,   4086 181 

Tie  vote,  how  decided,  3978 88 

Toledo,  board  of  education,  3899-25,  3899-26 37 

Township  districts ,  board  of  education ,  3916 ,  3917 52 ,  53 

Change  of,  to  village  district,  3894. 17 

New  subdistrict,  in,  3922 58 

Village  districts,   board  of  education,   3908,   3909,    3910 48,  49 

Membership  increased,   election  for,.  3911 49 

Village  may  become  village  district,  election  on  question,  3912 50 

Board  of  education  in,  election  of,  3913 50 

Women  can  vote,   when,   3970-10 84 

Ballot    box    for,    separate,    3970-11* 84 

Registration  of,   3970-12 84 

Electors. 

Attached  territory  in,   where  to  vote,  3900 44 

Conduct  of  election,   3902 45 

Embezzlement. 

School  officers,  what  constitutes,  6846  (footnote),  6975  (footnote) 165 y  87 

Employee. 

Minor,   proof  of  attendance  at  school  required  before  employment, 

4022-2    146 

Between  14  and  16,  must  be  able  to  read  and  write,  4022-3 147 

'  ^             In  mines .  when ,  302  (footnote) 147 

School    employee,    accepting   bribe    for   recommending    text   books, 

penalty,    6975a   (footnote) 135 


OHIO   SCHOOL   LAWS.  278 


Index.  E — F 


Endowment  Fund.  PAGH. 

College,   how  application  of,   changed,  3732 214 

Corporation   for,    3750 219 

Schools   specially   endowed,    4105-67-4105-73 210,  211 

English  Language. 

English  grammar,  teachers'  certificate  must  contain,  4074 175 

Youth  who  cannot  read  and  write  must  attend  school,  4022-3 147 

Enumeration. 

Apportionment  of  state  school  funds  by  auditor  of  state,  based  on,  3956  71 

By  county  auditor,  39t>4,  3!>(>6 77,  78 

Clerk  of  board  of  education  to  make  returns  of,  4035 158 

Compensation  for  taking ,  4031 157 

Deaf  children  of,   in  certain  cities,   4009-4 126 

Excessive;  action  of  state  school  commissioner,  4040 160 

Failure  to  take,   penalty,  4038 .,,. 159 

By  clerk  of  board  to  make  returns,  action  taken,  403fi 159 

Joint  high  school  district,   funds  for,   3929 63 

Joint  subdistricts ,  how  taken  in ,  4034 158 

Apportionment  of  school  funds  to,  basis  of,  3961 76 

Funds  apportioned,    according   to,    3929 (13 

Penalty  for  making  fraudulent  returns,  4041 160 

Return  of,    in  subdistricts,    4032 158 

County  auditor  by,  to  state  school  commissioner,  4039 160 

When  county  line  divides  original  surveyed  township,  4037 159 

Youth  of  school  age,   includes  whom,  4030 157 

How  taken ,   4031 157 

Evening  School.     (  See  Night  School.) 

Examiner.     (See  City,  County  and  State  Examiners.) 

School  funds,   of,  365 12 

Adverse  report,    disposition   of,   366 13 

Compensation   of,    365 12 

Execution. 

School  property  exempt  from,   3973 86 

Executive  Committee. 

Teachers'  institute,   of,   4086 181 

Bond  of,   4087 182 

Forfeiture    of   bond,    4089 182 

Report  of,   4088 182 

Expenditures  and  Receipts. 

Board  of  education,  clerk  to  make  annual  report  of,  4052 164 

Publication  of  report,  4053 165^ 

Expulsion. 

Pupil  from  school,  of,  4014 134 

F. 

Fees.     ( See  Compensation.) 
Female. 

Suffrage  of,  in  school  elections,  8970-10-3970-12 84 


18.    S.  L. 


274  OHIO   SCHOOL   LAWS, 

p  Index. 

Fines.  PAGE. 

School  fund,  to  be  paid  into,  3970  (footnotes  to) 80 

County  auditor's  duties  as  to,  3970 80 

Fine  Arts. 

Corporations  for  promoting,   3726-3771a 213-230 

Flag. 

United  States  Flag,   display  of,  3986-1 92 

Forms. 

Prepared  by  state  commissioner  of  common  schools,  to  be,  359,  360, 

4058,    4060 10,  167,   168 

1  Notice  of  election  in  school  districts 231 

2  Notice  of  election  in  new  subdistrict 231 

3  Poll   book '. 231 

4  Tally  sheet 232 

5  Minutes  of  subdistrict  school  meetings ..:....:..:»:..-.:.»:.:  238 

6  Notice  of  meeting  to  vote  tax  for  building  ptuposes.ic...^. .;.»  233 

7  Appointment  of  school  director  to  fill  vacancy 234 

8  Different   modes  of  altering  subdistricts 284 

9  Petition  for  joint  subdistrict 234 

10  Notice  to   members    of   board 235 

11  Organization  of  joint  subdistricts 235 

12  Petition  to  probate  judge 235 

13  Remonstrance   against  joint   subdistrict 236 

14  Oath  of  school  director 236 

15  Notice  of  special  meeting  of  township  board 236 

16  Teachers'   contract 237 

17  Certificate  for  teachers*  pay 237 

18  Order    for    teachers'    pay 237 

19  Dismissal  of  teacher 237 

20  Order,   other  than  for  teachers'  pay 238 

21  Certificate  of  annual  estimates 238 

22  Certificate  of  annual   estimates  for  joint  subdistricts 239 

23  Certificate    of   school    funds    in    treasury 239 

24  Transfer  of  territory 240 

25  Lease  to  school  district 240 

26  Oath  of  clerk  of  township  board 240 

27  Township   clerk's  bond 241 

28  Oath  of  clerk  of  board   of  education 241 

29  Clerk's  bond 242 

30  Final  receipt  of  township  clerk 242 

31  Oath  of  township  treasurer .' 242 

32  Township  treasurer's  bond 242 

33  Oath  of  treasurer  of  board  of  education 243 

34  Treasurer's    bond 243 

35  Final  receipt  of  township  treasurer , 244 

36  Complaint  in  regard  to  school  funds 244 

37  Compulsory  education  ;    notice  to  parent •. . .  244 

38  Notice   to   truant 245 

39  Notice  of  employers,  of  youth 245 

40  Teachers'  report 246 

41  Report    of   truant    officer 247 

Traveling  libraries 248,  249 


OHIO  SCHOOL  LAWS.  275 

Index.  F 

Fourth  of  July.  page. 

Schools  may  be  dismissed  on,  4015 134 

Funds. 

Accounts  of,  how  kept,  3954 71 

Auditor  of  state,  duty  of,  3954,  3955 71 

Apportionment  of  state  funds  by  auditor  of  state,  3956,  S"*"'?              .  71.   72 

By  county  auditor,  3964,  3966 .  77.78 

By  township  board  of  education,  3967 79 

Appropriation  of,    illegal,    when,    •2834b   (footnote) So 

Bequests  to  common  school  fund,  how  applied,  3955 71 

Cleveland  school  fund,  use  for  library,  4002-18 110 

Contingent,   estimate  for  by  boards  of  education,  3958,  3960 72,  75 

Apportionment  of  by  township  board,  3967 79 

County  commissioners  to  levy,  when,  3969 79 

Joint  subdistricts,  apportionment  for,  3961,  3962 76,  77 

Penalty  for  failure  to  levy,  3969 79 

Deaf  children,  for  schools  for,  4009-5,  4009-6,  4009-11,  4009-12.  .126,  127,  123 

Dtebt  of  state,  irreducible,  common  school  fund  shall  constitute,  3954  71 

Refunding  of  school  debt,  28;34a  (footnote) 98 

Distribution  of  by  county  auditor,   3965 78 

Educational  institutions,    of,   3732,   3750 214,219 

Embezzlement  of,   what  constitutes,    6846  (footnote) 105 

Fines  to  be  collected  by  county  auditor  and  paid  into  funds,  3970...  .  80 

Illegal  loans  by  school  officers,  how  recovered,  21  (footnote) lUl 

Income  from  school  lands,  application  of  proceeds  of.  Art.  6,  Sec.  1. .  5 

Investigation   of,    36A 11 

Joint  subdistricts,  apportionment  of  contingent  fund  to,  3961 76 

When  county  line  divides  district,   3962 77 

How  paid  when  territory  is  in  two  or  more  counties,  3963 77 

Misappropriation  of  funds  of,  3961a 7t) 

Miami  University  fund,  tax  for,  3951a 7o 

Distribution  of  state  funds  to,  3951b 70 

Ohio   University  fund,    tax  for,    3951a 70 

Distribution    of   state   funds   to,    3951b 70 

Ohio  State  University  fund,   tax  for,   3951 69 

Pension  fund  for  teachers 

In  Cincinnati,    3897b-^97i 22-25 

In  Cleveland,    3899a-3899p 35-37 

In   Toledo,   3899-40-3899-46 41-44 

Public  lands,  proceeds  of  sale  of,  3953,  3954 70,  71 

Salt  and  swamp  lands,   proceeds  of  sale  of,  3952 70 

School  fund,  preservation  of,  Art.  6,   Sec.  1 5 

Settlement  between  district  treasurer  and  auditor,  4044 162 

State  common  school  fund,  tax  for,  3951 69 

State  commissioner  of  common  schools,  duty  as  to,  858,  366 10,   13 

Taxation,  constitutional  provisions  for.  Art.  6,  Sec.  2 5 

Tax  levy,  maximum  for  schools,  3059 73,   74 

Township  districts,  appoliionment  of,  to  subdistricts,  3967 79 

May  be  appealed  to  county  commissioners,  3967 79 

Treasurer   of  county,    duties   as  to,   3956,   3957,    3960,   3963,    3965, 

3966    71,  72,  76,  77,  78 


276  OHIO  SCHOOL   LAWS. 


F — G — H  Index. 


Funds  —  Concluded.  page. 

Treasurer  of  district,  receipts  and  disbursements  by,  3960,  4047 75,  163. 

Amount  he  may  have  on  hand,  4048 163- 

Village  and  special  districts,   when  created,  to  receive  a  portion  of 

township    funds,    3946a 67 

G. 

General  Assembly. 

Laws  to  encourage  schools,  duty  of,  to  pass,  Art.  1,  Sec.  7. 5. 

Ohio  State  University,  report  to,  4105-53 206 

State  commissioner  of  common  schools  to  report  to,  361 11 

School  funds,  to  provide  for  by  taxation,  Art.  6,  Sec.  2 5- 

School  laws  can  take  effect  upon  authority  other  than.  Art.  2,  Sec.  26.  5 

Special  districts ,  created  by  act  of,  3891 16 

Subdistricts  created  by,  not  to  be  changed,  unless,  3921 55 

Tax  for  schools ,   shall  levy ,  3951 '. 69 

Wilberforce  University,  members  may  name  pupils  for  admission  to, 

4105-64 ,208 

German  Language. 

Teaching  of  authorized,   when  required,  4021 143 

Girl's  Industrial  Home. 

Juvenile  disorderly  person,  commitment  of,  to,  4022-8 150 

Notice  to  board  of  county  visitors  before  commitment,  4022-11. ..  152 

Governor. 

College,   fills  vacancy  among  trustees,  3733 214 

Military  academy,    is  visitor  of,   3758 223 

Ohio  State  University,  appointment  of  trustees,  4105-87 202 

Deed  for  lands  of,  to  execute  and  deliver,  when,  4105-2 192 

School  book  commission,  is  a  member  of,  4020-11 138 

State  commissioner  of  common  schools,  to  fill  vacancy  in  office  of, 

354   9 

Report  of,  to  be  made  to,  when,  361 11 

Wilberforce  University,  appointment  of  trustees,  4105-55 206 

Guardian. 

Children  under  care  of,  entitled  to  attend  schools  free,  4013 133 

Duties  of,  under  compulsory  education  law,  4022-1-4022-14,  4027... 
145-153,  154 

H. 

Hamilton  County. 

Boards  of  education  in  village  and  special  districts,   in,    election  of, 

3904-1 46 

Cincinnati  library,  residents  of,  to  have  access  to,  3999a 103 

Tax  levy,  maximum,  outside  of  Cincinnati,  3959 —  .     73,  74 

Hazing. 

Colleges  and  public  schools,  unlawful  in,  6819-1  (footnote) 14 

High  Schools.  • 

Boards  of  education  may  establish,  4009 125- 

Examinations  in  special  and  subdistricts,   for,  4029-1 155- 

Commencements ,   4029-2 155 


OHIO  SCHOOL  LAWS.  -77 


Index.  H— I 


High  Schools  —  Concluded.  page. 

Compensation   of  examiners,   4029-4 156 

Tuition,  4029-1,   4029-3 155 

Joint  township  high  school  established  by  agreement     "■'''-                  . .  02 

Control   of,    3929... 03 

Supported ,   how ,  3929 03 

Established  by  petition,   4009-15-400}i-20 12a-130 

Township   districts  in. 

Admission  of  pupils  to,  4009-1 IJ'j 

Beard  of  education  may  establish,  4009 125 

Centralized  townships,  in,  3921-8 58 

Management  and  control  of,   4009-1 125 

Tax  levy  for,   4009-2 126 

Time,  length  of,  to  be  continued,  4009-1 126 

Township  and  joint  township  high  schools,  established  by  peti- 
tion,   4009-15 128 

Buildings,  purchase  or  renting  of,  4009-17 180 

Election    on    question    of    establishment   and    tax    levy    for, 

•   4009-15   128 

Election  for  tax  levy  not  necessary,  when,  4009-17 130 

Laws  governing  such  schools,  4009-20 130 

Studies  to  be  taught  in,  4009-18 130 

Tax  for,   4000-15.   4009-16 128,  129 

Teachers,    employment   of,    4009-18 130 

Union  of  several  districts  within  township  for  high  schools  pur- 
poses, 4009a 131 

Board  of  education  for  such  district,  4009b 131 

Election  on  question ,  4009b 131 

Holidays. 

Dismissal  of  schools  on,  without  forfeiture  of  teachers'  pay,  4015 134 

Holidays    named,    4015 134 

Howe's  Historical  Collections  of  Ohio. 

Boards  of  education  authorized  to  purchase,  4020-15 141 

Care  of,   how  taken ,   4020-15 141 


Industrial  School.     (See  Boy's  Industrial  School.) 

Industrial  training  school.  3767,  3768 227.  228 

Wilberfoce  University,  industrial  department  of.  4105-54-4105-66....  206-208 

Infirmary. 

Corpse,  surrender  of,  to  medical  college,  3763 226 

Schools   at,    4010 131 

Institutes.     (See  Teacher's  Institutes.) 

Interest. 

Irreducible  school  funds,  interest  on.  3952,  3954 70,  71 

Investigation 

School  funds,  of,,  by  accountant,  364 H 

Teacher,  of,  by  board  of  examiners,  4073,  4081 174,   178 

Irreducible  School  Fund. 

Accounts  of,  how  kept,  3954 '1 


278  OHIO   SCHOOL   LAWS. 


I— J—K— L  Index. 


Irreducible  School  Funds  —  Concluded.  PAGE. 

Original    surveyed   township,    in   two   counties,    how   proceeds    paid 

to ,   3957 72 

Public  lands,  sale  of,  proceeds  of,  how  applied,  3953,. 3954 70,  71 

Salt  and  swamp  lands,  proceeds  of  sale  of,  3952 70 

J. 
Janitor. 

Board  of  education,  power  to  employ,  4017 135 

Board  of  examiners  may  employ,  4075 176 

Dismissal  of  by  board  of  education,  4017 135> 

Term  of  employment ,   4017 135 

Joint  Subdistricts. 

Apportionment  of  contingent  fund  of,  3961 . 76 

Action  when  error  has  occurred,  3961 76 

When  county  line  divides  district,  3962,  3963 77 

Director  of,  member  of  what  board,  3929 63 

Dissolution  of,  proceedings,  3950 6& 

Enumeration,   how  taken  in,   4034 158 

Established  by  agreement ,  how ,  3928 62 

By  petition,  how,  3930-3945 63-66 

Remonstance   against,    3934,   3948 64,  67 

Forms   relating  to 234-236 

Negligence  of  board,  action  against,   for,  3961a 76 

Schools,  control  of  by  what  board,  3929 63^ 

Supported,   how,   3929 63 

School  house,   erection  of,  3989 96 

Change  of  site,  3989... 96 

Transfer   of  property,    3989 96 

Teacher's  certificate,   valid  in,   4073 174 

Territory  transferred,   map  and  statement  requiredj  3893 16 

Judge.     (  Sec  Common  Pleas  Court.) 

Juvenile  Disorderly  Person. 

Definition    of,    4022-4 148 

Proceedings   against ,    4022-8 150" 

K. 
Kindergar'^en  Schools. 

Admission  to,   certain  ages,   3958a 73 

Establishment   of,    3958a 73 

Tax  levy,  additional  for,  provided,  3958a 73^ 


Language.     (See  English  Language,  German  Language.) 

Foreign,  teaching  of  in  the  public  schools,  4021 143 

Laws. 

Encouragement  of  schools,  for,  passage  of,  Art.  1,  Sec.  7 5- 

Interpretation  of,  decisions,  preparation  and  distribution  of,  360 10- 

Schools,    for,   can  take  effect  upon  approval  of  authority  other  than 

the  general  assembly.  Art.  2,  Sec.  26 6- 


OHIO  SCHOOL  LAWS.  279 


Index. 


Law  College.  PAGB. 

Organization  of,    8767,    3768 227,  228 

Law  Library. 

Organization  of,  3767,  3768 227,  228 

Law  School. 

Ohio  Sute  University,   of,   4105-29 200 

Lease. 

Form  of 240 

School  lands  of,  granted  by  the  government,  1403-1440  (footnote)....  86 

Site  for  school  house  or  right  of  way,  lease  of,  3987 94 

Legal  Adviser. 

Boards  of  education,  who  is,  of,  3977 87 

Ohio  State  University ,   who  is ,    of,   4105-17 195 

Legislature.     (  See  General  Assembly.) 

Library. 

Access  to,    8998,    4002^2 102,  119 

Appropriation  of  money  for,,  amount  limited,  3996 101 

Board  of  directors,  appointment  of,  4002-40 118 

Duties    of,    4002-41 119 

Organization   of,    4002-41 119 

Powers  of,  4002-41 119 

Report  of,  4002-13 119 

Term  of, ,  4002-40 1  Ift 

Vacancy   in,    how   filled,    4002-40 118 

Cincinnati  library.     (See  Cincinnati.) 

City  districts,  certain  size,  may  establish,  4002-39 118 

Fourth  class,   second  grade,   in,   4002-46 120 

Report   of,    to  board   of  education,    4002-48 120 

Tax   for,    4002-46-4002^9 120,  121 

Cleveland  library.     (See  Cleveland.) 

Control  of,  vested  in  board  of  education,  when,  3995 101 

D;\yton  library.     (See  Dayton.) 

Donations,    board  may  accept,   4002-44 120 

Established,  how,  3995,  3999,  4002-39 101,   102,  118 

Librarian,   appointment,  compensation  of,  3998,  4002-41 102,  119 

Managers  for  certain  cities,   3999 102 

Portsmouth  library.     (See  Portsmouth.) 

Pre-existing  library,   how  affected.  4002^5 120 

Rules  and  regulations,  for,  3995,  3998,  4002-41 101,   102,  119 

Tax  levy,   for.  3996.  4002-45,  4002-46 102,  120 

How    expended.    3997 102 

Toledo  library.     (See  Toledo.) 

Traveling    libraries     248,  249 

Village  districts,   may  establish,   4002-39 118 

Location . 

Ohio    State   University,    4105-18 195 

School   house,    convenience    of,    4007 124 

Lot. 

Election  decided  by,  when,  3978 88 


280  OHIO   SCHOOL   LAWS. 


M  Index. 


M. 

Manual  Training.  page. 

Cleveland,   schools  in,  3899-6 30 

Tax  levy  for,  4020-18-4020-20 141,  142 

Columbus,   tax  levy  for,   bonds,  4020-21-4020-22 142 

Map. 

Attached  territory,  to  city  district,  to  be  made,  3900 44 

Territory,  transferred  from  one  district  to  another,  map  of,  3893....  16 

Township  district,   map  of,   required,  3921 55 

Massillon. 

Board  of  education,  how  constituted,  3898 25' 

Mechanics  Institute. 

Authority  to  borrow  money,  issue  bonds,  etc.,  3768-1 228 

Directors  and  trustees  not  personally  liable  for  debts,  3768-1 228 

Objects   of  institute,    enlarged,    how,    3768 228 

Oiganic  rules  which  may  be  prescribed  in  articles  of  incorporation, 

3767    227 

Medical  College.     (  See  Colleges.) 

Bodies  for  dissection,   may  receive,  3763....*. 226 

Meetings. 

Board    of    education,     city    districts,    3903 45 

Township    districts,    3920 55 

Board  of  examiners ,  city  and  village ,  how  often ,  4080 178 

County  board,  number  of,   limited,  4071 172 

Board  of  subdirectors,   8918 54 

Contracts  must  be  made  at  regular  or  special  meeting,  3974 87 

Illegal,   when,   3984 90 

Ohio  State  University,   trustees  of,   4105-41 203 

Special  meetings ,   how  called ,  3920 55 

Text  books,  adoption  of,  must  be  at  regular  meeting,  4020-14 139 

Wilberforce  University,    trustees  of,   4105-59 207 

Memorial  Day. 

Schools  may  be  dismissed  without  forfeiture  of  teacher's  pay,  4015. . .  .  134 

Miami  University. 

Admission   of  pupils  to ,   3951a 70 

Distribution    of    funds    for ,    3951b 70 

Tax  levy,    for,    3951a 70 

Military  Academy.     (See  Academy.) 

Minor. 

Attendance  at  school  of,  when  unable  to  read  and  write,  4022-3....  147 
Commitment  to  reformatory  of,  proceedmgs,  4022-8,  4022-9,  4022-11  150-152 
Employment  of,  between  certain  ages,   when  schools  are  in  session, 

unlawful,  4022-2,  6986-7  (footnote),   302  (footnote) 146,   147 

Money.     (See  Funds.) 

Month. 

School    month,    length    of,    4016 134 

Museum. 

Association,    rules  for  organization  of,   3767,   3768 227,  228 

Dayton  library  board,    may  establish,   4002-38 117 


OHIO  SCHOOL  LAWS.  281 


Index.  M— N 


Music.  PAGE. 

Boards  of  education  may  employ  teachers,  in,  4017a. ...                136 

May  purchase  books  and  appliances,    4017a 136 

Special  certificates  in,  may  be  granted,  4074 176 

N. 

Narcotics.     (  See  Scientific  Temperance.) 
Natural  History  Society. 

Regulations  as  to,  3767,  3768 227,  228 

New  Year's  Day. 

Schools  may  be  dismissed  without  forfeiture  of  teacher's  pay,  4015..  134 
Night  Schools. 

Attendance   at    required,    when,    4022-3 147 

Equivalent  to  what,  at  day  school,  4029 154 

Provisions   for,    4012,    4012a 133 

Non-Resident. 

Attendance  at  school,  of,  when  permitted,  conditions,  4013  133 

By  agreement  of  boards ,   4022 144 

When  one  and  one-half  mile  from  school  house,  4022a.  144 

Boxwell  graduates,   privileges  of,  4020-1-4029—1 lu"),   156 

Normal  Schools. 

Scientific  temperance,    instruction   in,   at,   4020-24 143 

Penalty  for  failure  to  instruct,  4020-25 1 13 

Wilberforce  University,  normal  department  at,  4105-54-4105-66 206-208 

Notice. 

Attendance  at  nearest  school,  notice  to  board  not  necessary,  4022a. .. .  144 

Board  of  education,  meetings  of,  3920 55 

Educational  Lnstitutions. 

Meeting  of  stockholders,  notice  of,  3754 222 

Purooses,  name,  etc.,  notice  of  intended  change,  3762a 224 

Election,  Notice  of,  for. 

Bonds   issue,    3991 97 

City  districts,  second  class,  board  of  education,  3909 48 

Membership  of  board  increased,  in  city  and  village  districts,  3911.  49 

High  schools,   township  and  joint  township.  4009-15 128 

Union  of  districts  for  high  school  purposes,  4009b 131 

Special  districts,    what  necessary,   3925 59 

Abandonment  of.  3926 60 

Tax  levy,  election  for.  .3991 97 

Township  districts.   .3917 53 

To  become  village  districts,  3894 17 

Subdistricts,    new.   election  in,   3922 58 

Village   districts,    3909 48 

Village  to  become  village  district,  3912 50 

First  election  in.  3913 50 

Joint  subdistricts.   established,   notice  to  boards,   3933 63 

Meeting  of  commissioners  to  consider  petition  for,  8937 64 

Meetings  of  boards  of  subdirectors,  3918 M 

Teachers'  notice  of  examination ,  4071 ,   4080 172,   178 

Text  books,  publishers  of,  to,  4020-11 138 


282  OHIO  SCHOOL  LAWS. 


N — O  Index. 


Notice  —  Concluded.  PAGE. 

Boards   of  education,   to,   4020-12 139 

Truancy,  notice  to  parent,  4022-7 149" 

o. 

Oath. 

Board  of  education,  members  and  clerk,  of,  3979 88 

Clerk  of  board  of  education,  3979,  4035 88,  158 

Cleveland  library,  board,   of  members,  4002-6 lOT 

Commissioners  to  establish  joint  subdistricts,   of,   3939 65 

County  auditor  may  administer,  when,  4036 159 

Director  may  administer,    3917 63^ 

Election  officers  in  townships ,  3917 53 

Enumerator,    of,  4031 157 

Forms  relating  to '. 236,  240-244 

School   officers,    of,   3979 88 

Schools  specially  endowed,  trustees  of,  4105-70 211 

Special  examiner  of  teachers ,  4078 177 

State  commissioner  of  common  schools,  of,  355 9 

Offlce.     ( See  various  officers,  by  name.) 

State  commissioner  of  common  schools  can  not  hold,  other,  356 10 

Officer.     (  See  various  officers,  by  name.) 

Board  of  education,   of,   selection  of,  3980 88 

Charges  against,   investigation  of,   364-366 11-13 

Embezzlement  by,   what  constitutes,  6846,    (footnote) 165 

Oath  of  school  officers,   3979 88 

Text   books,    recommendation   of   for  a   consideration   by,    penalty, 

6975a    (footnote) 135 

Ohio  State  University. 

Analysis  of  minerals,  by  professor  of,  4105-27 199 

Appropriations  for  apparatus,   equipment,   etc.,   4105-28 200 

Attorney  general  legal  adviser  of  board  of  trustees,  of,  4105-17 195 

Board   of   Trustees. 

Faculty,    compensation  of,   to  fix,   4105-44 204 

Further  duties  of  board,  4105-11,  4105-40 193,  202 

Grants  and  devises  of  land  may  be  received  by,  4105-15 194 

Management  and  control  of,  to  be  vested  in,  4105-13 194 

Powers  and  duties  of,  4105-39 202 

Provide  for  lectures,    board  may,   4105-12 194 

Branches  taught  at,  4105-45 204 

Ceramics,    department   of,    4105-30^105-34 200,  201 

Law  department  of,   4105-29 200 

Certain    acts    repealed ,    4105-25 199 

Clay  working  and  ceramics,   course  in,   4105-30 200 

Established,    name  of,  4105-9 193 

Fund  of,   3951 69 

Ii reducible  debt  of  state ,  part  of,  4106-43 203 

Interest    on    fund    of  agricultural    college,    invested,    how,    4105-46, 

4105-47    204 

Laboratory  apparatus,  models,  and  machinery,  to  be  provided  4105-26  199" 


OHIO  SCHOOL  LAWS.  288 


Index. 


Ohio  State  University  —  Concluded. 

Lands.  page. 

Accepted  by  state  from  United  States,  4105-19 195 

Board  may  sue  for  lumber  cut  off  such  lands,  4105-20 I9G 

Compensation  and  proceedings  of  appraisers,   4105-22 197 

Deeds,  how  made  and  executed,  4105-23 198 

Occupant  may  purchase  additional  land,  4105-21 196 

Occupant  claiming  exemption  to  comply  with  law  of  congress, 

4105-21    196 

Payments,  how  made  and  secured,  4105-23 198 

Record  of  contract  to  be  made  and  kept,  4105-23 198 

Sale  of,   public  or  private,   4105-23 198 

Proceeds  of  sale,  disposition  of,  4105-24 199 

Survey  to  be  made  by  trustees.  4105-21 196 

Title  to,  vested  in  trustees,   4105-21 196 

Tracts  to  be  numbered  and  appraised,  4105-22 ,  197 

Trustees  to  sell  other  lands ,  4105-21 196 

Unsold  land  to  be  divided  into  tracts,  4105-22 197 

Law  school,  provisions  for,   4105-29 200 

Location  of  college,  etc. ,  4105-18 195 

Meetings   of  board,   4105-41 •. 203 

Mines,   school  of,   4105-26-4105-28 199,  200 

Named  "The  Ohio  State  University"  4105-36 202 

Objects  of  college,  4105-9 193 

Officers  of  board,  their  duties,  etc.,  4105-14 194 

Professors  employed  to  teach,  4105-27 199 

Pupils,  who  may  be  admitted  as,  4105-12 194 

Report  of  trustees,  4105-42 203 

Residence  for  faculty  may  be  erected  by  trustees,  4105-24 199 

Style  and  powers  of  board  of  trustees,  4105-10. 193 

Tax  levy  for,   3951 69 

Terms  of  office  of  trustees,  compensation  and  vacancies,  4105-38 202 

Title  of  lands  to  vest  in  the  state,  4105-16 194 

Trustees  authorized  to  make  certain  deeds,  4105-48 204 

Virginia  military  lands,  relief  of  buyers,  4105-50 205 

Written  analysis  of  fertilizers  ,to  be  furnished,  how,  4105-35 202 

Ohio  University. 

Admission  of  pupils,  3951a 70 

Distribution  of  fund,  3951b 70 

Sale  of  certain  lands.   41<t,>-l 191 

Deed  for,   4105-2-4105-4 192 

Proceeds  of,   410.5-5 192 

Tax  on  lands  donated  to,  4105-6-4105-8 192,   193 

Tax  for,   3951a 70 

Order. 

Teacher^'  pay,    for,    illegal,    when,   4051 164 

Township  order  for  teachers'  pay,  how  drawn,  4018 136 

Treasurer,  order  on,  how  drawn,  4047 163 

Must  produce  order  for  all  disbursements,  4044 162 

Orphan  Asylum. 

Schools  at,   provisions  for,  4010 193 


284  OHIO  SCHOOL  LAWS. 


O — P  Index. 


Original  Surveyed  Township.  PAGE. 

Apportionment  of  funds,   when  county  line  divides,  3966 78 

Funds  how  paid  in  such  cases ,  3957 72 

Enumeration,  when  divided  by  county  Hne,  4037 159 

P. 

Parent. 

Duty  of,  to  send  minor  children  to  school,  etc.,  4022-1 145 

Violation  of  act  relating  to,  4022-3,  4027 147,   154 

Penalty. 

Board  of  education,  for  failure  to  levy  contingent  fund,  3969 79 

Member  of,   voting  for  relative  for  teacher,  6975a  (footnote) 135 

Clerk  of  board  of  education,  for  failure  to  make  report,  4061 168 

Coporation,   unlawful  "employment  of  minors, 4022-2,  4022-3,  4022-11 

4022-12 146,  147,  152,  153 

Corpse,    detention   of,    3763 226 

County  auditor,  failure  to  make  statistical  report,  4060,  4061 ;  168 

For  failure  to  make  enumeration  return,  4063 168 

Disturbing  meetings ,    6896   (footnote) 86 

Enumeration  return ,    fraudulent,    4041 160 

Fines  to  he  paid  into  school  funcf ,  3970   (footnotes  to) 80 

Parent  or  guardian,   liable,   when,   4022-7,  4022-11,  4022-12...  149,   152,   153 

Property,  damage  of,  6831,  6835,  6836,  6837,  6877  (footnote) ".      '      86 

School  officers,  non-enforcement  of  compulsory  education  law,  4022- 

11    152 

Teachers'  institute,  executive  committee,  failure  of,  to  report,  4088..  182 

Text  books,  offering  bribe  for  adopting  of,  6975a  (footnote) 135 

For  accepting  bribe  by  school  employee,  6975a  (footnote) 135 

Pension  Fund. 
Cincinnati. 

Custodian  of  fund ,    who  is ,  3897g   25 

Establishment  of,    3897b 22 

Fund   provided    for,    3897f 24 

Management  of,  3897c 22 

Principal  and  income  of,  may  be  used,  3897e 24 

Rebate  on  resignation  or  death,   3897h 25 

Retirement  and  pension  of  teachers,  3897d 23 

Rules   and   regulations   for,    38971 25 

"Teacher"  defined,  3897d 23 

Trustees  of,  3897c 22 

Cleveland. 

Bond  of  trustees,  3899h ■ 36 

Compensation  of  trustees,  3899g 36 

Death  or  resignation  of  teachers ,   3899p 87 

Disability,    amount    of   pension,    3899m 36 

Establishment  of,   3899a,   3899b .*. . .  35 

Income    of,    3899d , 35 

Legacies,   bequests,    donations,   3899e • ^ 

Officers  of  board.  3899g 36 

Payment  of  pensions,    when,   3899k 36 

Rebate  on  removal  or  non-appointment,   3899n 36 


OHIO  SCHOOL  LAWS.  'ISS- 


Index. 


Pension  Fund  —  Concluded.  page. 

Retirement  of  teachers,   pension  allowed,  3899c,  38991..  *". .   3(j 

Involuntary,  rules  as  to,  3899o 37 

Retiring  board,   membership,  3899f 3j 

Powers   of,   38yyi m 

Trustees  of,  3899h ,!.; 

Toledo. 

Bond  of  treasurer,  3899-45 43 

City  treasurer,   treasurer  of  fund,   3899-45 43 

Clerk  of  board  of  education,  duties  of,  3899-44 48 

Death  or  resignation  of  teachers,  3899-46 44 

Establishment  of,  3899-40 41 

Income  of,  3899-40 41 

Retirement    of   teacher,    pension    allowed.    3899-42 42 

Trustees,    3899-41 42 

Power  of,   over  fund,   3899-43 43 

Personal  Property.     (  See  Property.) 
Petition. 

Centralization   of  township   schools,    for,    3921-2 50 

Evening  schools,   for,  4012 133 

Forms   relating  to ...  J'?  1 .   235 

German  language,  teaching  of,  4021 ..  143 

High    school .    township,    4009-15 128 

Joint  subdistricts,  creation  of,  3931-3934 63,  64 

Special  district,  creation  of,  394<). . ._ 66 

Change  of  boundary  of,    3946.   3948 66,  67 

Subdistricts,  additional,  for,  3946 66 

Township  district  to  village  district,  change  of,  3894 17 

Village  districts,  change  of  boundaries  of,  3946,  8948 66,  HT 

Township  districts,    changed  to,    3801 17 

Physical  Culture. 

Instruction  in,  required,   where,  4020-17 Ill 

Plat. 

School  district,  plat  of,  3900,  3907,  3921,  3940 44., 47,  55,  05 

Property  to  be  appropriated  for  school  purposes,  plat  of,  3990 97 

Portsmouth. 

Board  of  education,  how  constituted  in,  3898a  (2) 28 

Libraries,   consolidation   of,    4003 121 

Library  committee,   election  of,   4004 121, 

Powers  and  duties  of.  4005,  400(j 121 

Vacancies  in.   how  filled.  4004 121 

President. 

Board  of  education,  of,  election,  3980 fig 

Absence  of  at  meeting,  who  acts,  3983 90 

Order  on  treasurer,   must  sign,   4047 163 

Record  of  proceedings,  must  sign ,  3984 90 

City  board  of  examiners,   of,   election.   4079 178 

Clerk  of  board  of  education,  bond  of,  to  be  filed  with,  4050. .      f64 

County  board  of  examiners,' election  of,  4070 172 

Educational  institutions,  of,   3728 _'13_ 


286  OHIO  SCHOOL  LAWS. 


Index. 


President  —  Concluded,  PAGE. 

Libraries  in  certain  cities,  member  of  board,  is,  3999 102 

Process  on  board  of  education,  served  on,  3976 87 

Teachers'   institute,    of,    election,    4086 181 

Township   board  of   education,    of,    must  attend   March   meeting   of 

township  trustees ,    1458   (footnote) 89 

Private  Schools.     ( See  Colleges  and  Universities.) 

Report  of,   required,    863 11 

Specially  endowed,   trustees  for,  4105-67 210 

Accounts  of  trustees ,  4105-71 211 

.     Bond  of  trustees,  4105-70 211 

Duties  of  trustees,    4105-69 210 

Oath  of  trustees,  4105-70 211 

Vacancies,  how  filled,  4105-68 210 

Visitors   of,    4105-72 211 

Probate  Judge. 

Appropriation  of  property  for  school  purposes,  jurisdiction  of,  3990..  97 
Compulsory   education   law,    jurisdiction    of,    under,    4022-7,   4022-8- 

4022-11 149,  ,150-152 

County   examiners ,    appointment   of,    by,    4069 171 

Report  of  appointment,  4069 171 

Revocation  of  appointment ,  4069 171 

Deaf  children,   report  of,  to  be  returned  to,  4022-10 151 

Joint   sui)districts,    petition    for   creation   of,    when   filed  with,    3934, 

3948    64,  67 

Appointment  of  commissioners,    3938 64 

Costs,    how   paid,    3945 • 66 

Dissolution  of,   by,   proceeding,    3950 68 

Judgment  in  favor  of  establishment  of,  entry,  3944 66 

Judgment  for  costs ,    fees ,   3943 66 

Oath  and  duties  of  commissioners,   3939 65 

Publication  of  notice,  3937 64 

Report  of  commissioners,  eflfect  of,  3941,  3942 65,  66 

Security  for  costs,  3935 64 

Time  and  place  of  meeting  of  commissioners,  3936 64 

Special  districts,  petition  for  creation  of,  when  filed  with,  3948 67 

Change  of  boundary,    of,    3948 67 

Subdistricts,   petition  for  creation  of,   when  filed  with,  3948 67 

Change  of  boundary,   of,  3948 6V 

Village  districts,   petition  for  change  of  boundary,   when  filed  with, 

3948    : 67 

Process. 

Service  of,  on  boards  of  education,  3976 87 

Professors. 

Educational  institutions,  appointment  of,  for,  3726 213 

Faculty,  professors  are  members  of,  3728 213 

Powers  of,   3728 213 

Military  academies,  professors  are  members  of  board,  3757 223 

Ohio  State  University,    employment  and  dismissal  of,   at,  4105-11..  193 

Ceramics,   department  of,   instructor  in,   4105-33 201 


OHIO  SCHOOL  LAWS.  287 


Index. p_Q_R 


Professors — Concluded.  pack. 

Chemistry,  analysis  of  fertilizers  to  be  furnished  by  professor,  in, 

4105-35    202 

Compensation  of,  how  fixed,  4105-44 204 

Mines  and  mine  engineering,  instructor  in  deparuueut  oi,  41U6-.!0, 

4105-27    199 

Residences  may  be  erected  for  iacuhy,  4105-24 199 

University  of  Cincinnati  and  Toledo,  4099 188 

Property. 

School  property,    how  sold  or  exchanged,   3971 84 

Exempt  from  taxation  or  execution ,  3973 86 

Title  to,   in  whom  vested,  3972 80 

Prosecuting  Attorney. 

Board  of  education,  legal  adviser  of,  8977 87 

Compensation  of,  3977 87 

Shall  not  be  a  member  of  board,  3977.  S7 

Funds,  fraudulent  use  of,  duty  as  to  report  of  exammer  of,  3<>ti 13 

Teachers'  institute,  duties  as  to,  4089 182 

Public  Library.     (  See  Library.) 
Publication. 

Board  of  education,  sale  of  property  "by,  3971 84 

Building  and  repairing,  bids  for,  3988 95 

Receipts  and  expenditures,  by  clerk  of,  4053 166 

City  board  of  examiners,  meetings  of,  4080 178 

County  board  of  examiners,    meetings  of,   4071 172 

Election  notice,  in  city  and  village  districts,  3909 48 

Joint  subdistricts,  meeting  of  commissioners  to  consider  petition  for, 

3937 64 

Publishers. 

Text  book  law,  requirements  of,  4020-10-4020-14 138,  139 

Pupils. 

Assignment  of  by  board  of  education,  4013 133 

Expulsion  of.  4014 134 

Suspension  of,  4014 134 

Tuition  of,  may  be  paid  by  agreement  between  boards,  4022 144 

Q. 

Qualifications. 

Teachers   in   common   schools,    4074 176 

In  city  and  village  districts,  4078,  4084 177.   180 

Quorum. 

Board  of  education,  of,  what  constitutes,  3982 90 

Business  that  a  majority  of  a  quorum  cannot  transact,  3982 90 

Educational  institutions,  what  constitutes,  3746 218 

R. 

Real  Property.     (  See  Property.) 
Receipts  and  Expenditures. 

Board  of  education,  clerk  of  to  prepare  and  forward  to  county  auditor, 

4052,   4057   164,  167 

Publication  of,  4053 165 


288  OHIO   SCHOOL   LAWS. 


R  Index. 


Record.  PAGE. 

Board  of  education,  how  kept,  3984 90 

Approval  of,  3984. 90 

Public  record,    is,   3984.... 90 

Bonds,    record  of   issue,    3993 99 

Educational  institutions,   of,   3762a 224 

Joint  subdistricts,  record  of  pnoceedings  to  establish,   3928.. 62 

References. 

To  abbreviations  of  authorities  cited .• 4 

Relatives. 

Board  of  education,  members  of,  cannot  vote  for  relatives  for  teacher, 

6975a    (footnote) 185- 

Relief. 

Board  of  education  may  afford  to  needy  children,  4022-9 151 

Religion. 

School  funds,  religious  sect  shall  have  no  control  of.  Art.  6,  Sec.  2.  .  5 
Reports. 

Board  of  education,    financial  and  statistical,   4052,   4057,   4068 164,   167 

Deaf  children,   report  of  schools  for,  4009-10 127 

City  and  village  board  of  examineps,  to  state  school  commissioner, 

4083 179 

Appointment   of,    report,    4077. 177 

City  districts,  first  class,  publication  of  reports,  4059 167 

Cleveland,   director  of  accounts,   of,  3899-16 32 

Library  board  of,    report,   4002-8 107 

Clerk  of  board  of  education,  of,  4052,  4057,  4058 164,   167 

Enumeration,  report  of,  to  auditor,  4035 158 

Failure  to  make, "other  person  to  be  appointed,  4060 168 

Financial,    publication  of,    4053 165 

Penalty  for  failure  to  make,  4061 ,  4062 168 

Teachers'  report  to  be  filed  with,  before  order  is  drawn  for  pay  of, 

4051 ; . .  164 

Colleges,  report  of,  363. 11 

Copies  of  all  reports  may  be  required  by  the  state  commissioner,  358  10 

County   auditor,    to   state   commissioner,    4060 168 

Enumeration  returned  by,  to  state  commissioner,  4039 160 

Penalty  for  not  making,  or  for  making  fraudulent  reports,  4041, 

4061 ,    4063 160,  168 

Report  of  clerk  to,   failure  to  make,   auditor  may  appoint  other 

person,    4062 168 

County  board  of  examiners,  clerk  of,  to  make,  4070,  4072,  4076.172,  173,   176 

Dayton  public  library  board,  to  report  to  board  of  education,  4002-38  117 

Deaf  children,  enumeration  of,  in  Cincinnati  and  Cleveland,  4009-4..  126 

Report  of  schools  for,  4009-10 127 

Enumeration  return  by  clerk  to  auditor,   4035 158 

County  auditor  to  state  commissioner,   4039 160 

Original  surveyed  township,   by  auditor,   4037 159 

Examiner  of  school  funds,  report  of,  365 12 

Libraries  in  certain  cities  and  villages,   report  of,  4002-48 119 

Ohio  State  University,  report  of  teachers,  4105-42 203 


OHIO  SCHOOL  LAWS.  289 


Index.  R_S 


Reports  —  Concluded.  page. 

Board  of  claims,  report  of,  4105-53 206 

Portsmouth,  library  committee,  report  of,  40<|  121 

Private  schools,    report  required,   363 11 

Probate  judge,  appointment  of  school  examiners,  406y 171 

State  commissioner  of  common  schools,  r<»i...rf  ,.t'    •:ii\\     -v; '            ..  n 

Superintendent  of  schools  of,  4059 ...  167 

Teachers,  report  of,  4022-6,  4059 149.   167 

Report  must  be  filed  with  clerk  before  order  is  drawn  for  pay  of, 

4051    164 

Toledo,   superintendent  to  make,   3899-^W 38 

Business  Manager  to  make  3899-32 39 

Library,  report  as  to,  4002-29 114 

Treasurer  of  board  of  education,  to  auditor,  4044 162 

Truant  officer,  reports  of,  4022-5,  40-22-9,  4022-10 148,  151 

Penalty  for  failure  to  make,  4022-11 : 152 

Visitors  to  certain  endowed  schools,  to  report,  4105-72 '211 

Wilberforce  University,    report  of  trustees,   4105-63 2i.»8 

Representative.     (See  General  Assembly.) 
Returns.     (See  Elections,  Reports.) 
Revocation.     (See  Certificate.) 
Rules  and  Regulations. 

Board  of  education ,  city  districts,  3903 4'» 

Applicable  to  all  boards,  3985 91 

Cincinnati ,  teachers'  pension  fund ,  38971 25 

County  board  of  examiners,  for,  4070 172 

Libraries,  made  by  board  of  education,  for,  3998 102 

Cincinnati  library,  for,  8999a 103 

City  and  village  districts,   for,  4002-41 119 

Cleveland  libtary,  for,  4002-10...'. 108 

Portsmouth  library,  for,  4005 121 

Toledo  library,   for,  4002-28 1 14 

Vaccination,   rules  for,   3986 ,  02 

s. 

Sale. 

Board  of  education,  sale  of  property  by,  3971 84 

Apparatus,  sale  of,  to,  limited,  3995 101 

Books    for    library,    3995 101 

Text   books,    sale   of,    4020-10-4020-14 138,  139 

Salt  and  Swamp  Lands. 

Proceeds  of  sale  of,  how  applied ,  3952 70 

Salaries.     (See  Compensation.) 

May  be  increased  but  not  diminished,  4017 135 

Scholarships. 

Stock  of  colleges,  etc.,  may  be  changed  into,  3730 213 

Schools. 

Admission  of  non-residents,  by  agreement  of  boards,  4022 144 

Children's  homes,   school  at,  4010 131 

19.    S.  L. 


290  OHIO   SCHOOL   LAWS. 


Index. 


Schools  — Concluded.  PAGE. 

Closing  of,    on  holidays,   4015 134 

During    epidemic ,    2135    (footnote) 92 

During  session  of  teachers'  institute,  4091 182 

Continued,   must  be.   how  long,  4007 124 

Conveyance  of  pupils,  to,  3921-3921-8 ' 55-58 

Deaf  children ,    schools  for ,   4009-3-4009-14 , 126-128 

Dismissal  of,   on  holidays,   4015 134 

Teachers,  to  attend  institute,  4091. . . ; '. 182 

Embezzlement  of  officers  of,  6846  (footnote) 105 

Employing  relatives  of  board  of  education,  in,  6975a  (footnote) 135 

Examination  of  schools,  by  city  and  village  boards  of  examiners,  4078  177 

Evening  schools,  4012,  40r2a 133 

Free    to    whom ,     4013 133 

German  language,    in,   4021 143 

Graduating  examinations  fcfr  high  school  attendance,   4029-1 155 

Hazing    made    penal ,    6819-1    (footnote) 14 

High  schools,  authorized,  3921-8,  3928,   3929,   4009-4009-2,   4009-15- 

4009-20  58,  62,  63,  125,  126,   128,  130 

Infirmary,   schools  at,   4010 131 

Janitor  of,  4017 135 

Number  of,   required,    4007 124 

Orphans'   asylum,    schools  at,    4010 131 

Physical  culture  in ,  4020-17 141 

Private   schools,    report   of,    363 11 

Pupils,  admission  of,  etc.,  4013 133 

Attendance  enforced ,    4022-1 , 145 

Non-resident,  attendance  of,  4013,  4022,  4022a 133,   144 

,  Scientific  temperance  instruction ,  in ,  4020-23 142 

State  commissioner  of  common  schools,  as  to,  354-366 9-13 

Studies,    4009-18,   4021 130,   143 

Subdistricts,  discontinued,  when,  4009-19 130 

Suspension   of,    in,   3921 55 

Text  books,   in,  4020-10-4020-14 138,  139 

Zanesville  charity  school .  4011 , 182 

School  Books.     (See  Text  Books.) 

School  Book  Commission. 

Membership  of,    4020-11 ,  138 

Price  of  text  books,  maximum,  fixed  by,  4020-11 138 

Publishers,  failure  to  furnish  books,  action  by  commission,  4020-13..  139 

School  Districts.     ( See  City,  Village,  Special,  Township  and  Joint  Subdistricts.) 

Classification  of,    3885 14 

Territory,  transfer  of,   3893 16. 

School  Funds.     (See  Funds.) 

School  Houses. 

Advertising  by  board  of  education  for  bids  for  building,  etc.,  3988 95 

Anticipation  of  levy  for,  3993,  8994 99,  100 

Appropriation  of  land  for,  3990 97 

Boards  of  education,   to  provide,  3987 94 

Directions  for  bidding  for  and  letting  contracts,  8988 95 


OHIO  SCHOOL  LAWS.  291 


Index. 


School  Houses  —  Concluded.  hack. 

Bonds  in  anticipation  of  levy  for,  3993 99 

City  districts,  first  class,  exceptions,  etc.,  8994 100 

Breaking  into  at  night,  to  steal  or  commit  felony,  6835  (footnote)...  88 

In  day  time,    to  steal ,   6837   (footnote) 86 

Building,  repairing  etc. ,  3987 94 

Burning,  maliciously,  6831  (footnote) 86 

Contracts,   directions  for  bidding  and  letting,  3988 96 

Entertainments,  use  of  school  house  for,  3987-1 94 

Escape  from,  failure  to  provide  means  of,  7010  (footnote) 94 

Exchange  of  lots  for  schools,  2675-1-2675-4  (footnote) 94 

Exempt  from  taxation  and  execution ,  3973 86 

Flag,    display   of,    3986-1 92 

Injuring  or  committing  nuisance  upon,  6877  (footnote) 86 

Inspection  of,  by  board  of  health ,  2135  (footnote) 92 

As  to  safety  of,  25<J8-2572a  ( footnote) 94 

Joint  subdistricts,  school  house,  in,  3928,  3941a,  3989 62,  66,  96 

Maliciously  entering,  to  commit  a  felony,  penalty,  6836  (footnote)...  86 

Manual  training  schools,   for,  4020-18-4020-22 141,   142 

Sale  of,  when  location  changed,  3989 96 

Site,   designation  of,  3928,   3941,  3941a 62,  65 

Taxation ,    exempt  from ,    3973 86 

Tax  levy  for,  when  and  how  submitted  to  voters,  3991 97 

Bonds  in  anticipation  of,  3993 99 

In  city  districts,   first  class,  3994 100 

Certificate  of  levy,  to  county  auditor,  3992 98 

Trespassing  upon  grounds  of,  penalty,  6877  (footnote) 86 

School  Rooms. 

Renting  of  by  boards  of  education,  3987 94 

Schools  Spocially  Endowed. 

Provisions  relating  to,  410&-67-4105-73 210,  211 

Scientific  Temperance. 

Board  of  education,  to  require  instruction,  in,  4020-23 142 

Educational  instiutions ,   required  to  teach ,   4020-23 142 

Normal  schools,  instruction  in,  at,  4020-24 148 

Penalty  for  non-enforcement,   4020-25 143 

Regular  branch  of  study,  to  be,  4020-23...                142 

State  commissioner  of  common  schools,  duties  as  to,,  4020-24 143 

Teachers'  certificate,  not  granted  without  examination  in,  4020-24...  143 

Institute,   instruction  at,  4020-24 143 

Secretary  of  State. 

Educational  institutions,  articles  of  incorporation  filed  with  secretary, 

3726,  3762a 213,  224 

Fees  of,    3762a 224 

School  book  commission,  is  a  member  of,  4020-11 138 

State  commissioner  of  common  schools,  bond  of,  to  be  filed  with, 

355   9 

Section  Sixteen. 

Enumeration   of  youth,    in  4030 157 

Funds  derived  from,  investment  of,  3953,  3954 70,  71 

Senator.     ( See  General  Assembly.)  « 


292  OHIO   SCHOOL  LAWS. 


Index. 


Session.                           '                                                                                   "^  PAGE. 

Schools  of,  length  of  time,  4007 124 

Settlement. 

Treasurer  of  district,  with  county  auditor,  4044,  4045 162 

Sinking  Fund. 

City  districts,  first  class,  creation  of,  3970-6 82 

Deposit,    how  drawn,   3970-9 83 

Interest,  use  of,  3970-8 83 

Investment  of,  3970-7 82 

Cleveland,  bonds  and  interest,    (3970) 80 

Appropriation  to,   3970-3... 82 

Commissioners   of,    3970-2 81 

Library,    for,    4002-13-4002-17 109,  110 

Loss,   reimbursement,   3970-4 82 

Sites. 

Board  of  education  to  furnish,  3987 94 

Tax  levy  for,   3991 97 

Solicitor.     (  See  City  Solicitor.) 
Special  Districts. 

Abandoned,    how,    3926,    3927 60 

Board  of  education,  membership  of,  3923 59 

Election  of,    3924,    3925 59 

Membership   increased,    how,    3923 59 

Organization  of,    3980 88 

Terms  of  members,   3924 59 

Boundaries  of,  how  changed,  3946-3948 66,  67 

Classification  of,   3885,  3891 14,  16 

Clerk  of  board  of  education,  of,  election,  duties,  3980,  4050-4056. .  .88,  164-166 

Compulsory  attendance,   in,   4022-1-4022-14... 145-153 

Created  by  act  of  general  assembly,  8891 16 

Election  in,  after  abandonment,  3927 60 

Established  by  petition,   3946-3948 66,  67 

Funds  to  receive  from  township,  when  created,  3946a 67 

Hamilton  county,    in,    3904-1 46 

Kindergarten,   may  establish  in,  3958a 73 

Subdistricts,  withdrawal  of,  from  special,  3926 60 

Tax  levy,   maximum,  for,  3959 73 

Territory  transferred  from  one  district  to  another,  3893 16 

Treasurer  of,  powers,  duties,  4042^049,  4055,  4056 160-163,  165,  166 

Tuition,  payment  of,  under  "Boxwell  Law,"  4029-1,  4029-3 155 

"Special  Meetings. 

Boards  of  education,  of,  3920,  3985 55,  91 

Notice  necessary,   3920,   2985 65,  91 

State  Board  of  Examiners. 

Appointment  of,   4065 170 

Certificates  issued  by,  4066 170 

Compensation   of  members,    4068 171 

Examination  fees,  disposition  of  4068 171 

Term  of  members,  4065 170 

Vacancies  in ,  how  filled ,  4065 170 


OHIO  SCHOOL  LAWS.  293 


Index. 


State  Commissioner  of  Common  Schools.  PAGE. 

Blank  account  books  for  school  officers,   forms  for,  prescribed  by, 

4056   166 

Board  of  examiners,    report  of  appointment  of  members  of,   to,  4069, 

4077,   4084 171,  177,  180 

Report  of  board,  to,  4076,  4083,  4084 17(5.   179,  180 

Bond  of,  355 9 

Books  and  papers,  preservation  of,  356 10 

Colleges,   reports  of,  to,  363 U 

County  auditor,  reports  of,  to,  4039,  4060 160,  168 

Deaf  children,  schools  for,  powers  and  duties  as  to,  4009-9-4009-U.127,  128 
Duties. 

Attendance  of,   at  office,    required,  356 10 

Certificate  to  county  auditor  for  receipt  of  reports,  4064 169 

Compulsory  education  law .   duties  as  to,   4022-14 153 

Examination  questions,  uniform  system  prescribed,  duties  as  to, 

4071a   173 

Forms  prepared,  and  furnished,  by,  359,  360,  4068 10,  167 

Laws,  preparation  and  distribution  of,  360 10 

School  funds,  investigation  of,  duties  as  to,  364 11 

Scientific  temperance  instruction,  duty  as  to,  4020-23-4020-25 142,  143 

Visitations   by,    357 10 

Election    of,    354 9 

Election  for  change  of  township  to  village  district,  returns  of  to  be 

made  to.  3895 '. 17 

Enumeration  return  to,  4039 160 

Action  by,   when  enumeration  excessive,  4040 160 

Forms  for  blank  books,  report  blanks,  etc.,  prepared  by,  859,  360, 

4055,   4058 10,  165.  167 

Office  of,  where  located,  356 10 

Report  of,   publication,    contents,    362 11 

Copies  of  all  reports  of  school  officers  and  any  other  information 

may  be  required  by  the  commissioner,  358.  4058 10,  167 

School  book  commission ,  is  a  member  of,  4020-11 138 

School   funds,    supervision   over,    358,    364 10,    11 

State  board  of  examiners,  appointment  of  members,  by,  4065 170 

State  certificates,  countersigned  by.  4067 171 

Superintendent  or  teacher,  commissioner  shall  not  be,  356 10 

Teachers'   institute,   report  of.   to.  4086.   4088,   4094 181,   182,  183 

Commissioner  may  hold  institute,  when ,  4090 182 

Term  of,  354 , 9 

.  Text  books,   filed  at  office  of,  4020-10 l.'W 

Notice  to  boards  of  education.    4020-12 V\0 

Price,  maximum,  fixing  of,  4020-11 138 

Publishers'  list  price,    filing  of.    4020-10 138 

Notification    to,    40^0-11 138 

Vacancy  in  office  of,  how  filled,  354 9 

State  Common  School  Fund.     (See  Funds.) 

State  Certificate.     (See  Certificate) 

State  School  Book  Commission.     (See  School  Book  Commission  i 


294  OHIO   SCHOOL   LAWS. 


Index. 


State  Treasurer.  PAGE. 

Bond  of  state  commissioner  of  common  schools,  to  be  filed  with,  355  9 
Statistics. 

Report  of,  4052,  4057,  4058,  4059,  4060 164,  167,  168 

Statutes. 

Interpretation  of '      7 

Stockholder. 

Educational  institutions,    assessment  of,    3753-3756 222,  223 

Studies.     (See  Branches  of  Study.) 
Subdirectors.     (See  Subdistricts.) 
Subdistricts.     ( See  Director.) 

Apportionment  of  contingent  fund,  to,  3967 ■ 79 

Board  of  subdirectors,   what  constitutes,    3918 54 

Meetings  of,   3918 54 

Notice  of  meeting  to  elect  teacher,  what  necessary,  3918 54 

Record  of,   3918 54 

Teacher,  election  of,  by,  4017 135 

Boundaries  of,   not  changed,   3S92 16 

Changed,    cannot   be,    when,    3921 55 

Conveyance  of  pupils  to  other,  3921 55 

Elections  in,  how  conducted,  3916,  3917 52,  53 

In    new   subdistrict,    3922 58 

Enumeration,   return  of,  4032 158 

Compensation  of  enumerator,    4031 •. 167 

Director    to   take,    4032 158 

Established  by  petition,   3946,   3947,  3948. 66,  67 

Forms   relating  to 231-236 

Map  of,  showing  boundaries,  required,  3921 55 

New  subdistricts,   organization  of,   3922 58 

School ,   one  required  in  each  subdistrict,   4007 124 

Discontinued,   may  be,    when,   4009-19 130 

Suspension  of,    authorized ,    3921 55 

Teacher,   election  of,   4017 135 

Terms   of  directors   and    sub-directors,    3916 52 

Vacancies  in  office  of  director  or  subdirector,  how  filled,  3978,  3981..  88,  89 

Withdrawal  of,   from  special  district,  election  for,  3926 60 

Summons. 

Board  of  education ,   summons  against ,   3976 87 

Superintendent  of  Buildings. 

Appointment  of  by  board  of  education,  4017. 135 

Superintendent  of  Schools.                                                            .  * 

Appointment  of,  authorized,  4017 135 

Cincinnati,    power   to    appoint   teachers   subject   to    confirmation    by 

board,    3897a 21 

Removal  of  teachers  by,   appeal  from,  3897a 21 

City  and  village  boards  of  examiners,  to  give  information  to,  4078..  177 

Cleveland,  appointment  of,  3899-10 30 

Compensation  of,   fixed  by  board  of  education,   4017 135 

Employment  of,  in  township  districts,  unlawful,   when,  4018 136 

Order  for  pay  of,    illegal,   when,   4051 164 


OHIO  SCHOOL  LAWS.  296 


Index.  S— T 


Superintend  of  Schools  —  Concluded.  page. 

Penalty  for  failure  to  enforce  compulsory  education  law,  4022-11 152 

For  failure  to  enforce  temperance  instruction  law,  4020-25 143 

For  having  sexual  intercourse  with  pupil.   7024  (footnote) 13() 

Private  teacher  is  judge  of  qualifications  of,  4022-1,  4022-3 145,   147 

Portsmouth,    election   of,    in,    3898a   (2). 28 

Pupils  may  be  excused  from  attendance  by,  4022-1. ...                    145 

Suspension   of,   by,   4014 134 

Reports  required,  of,  4052,  4057^059 1(>4 ,   1(57 

Term  of,    maximum,   4017 135 

Toledo,   appointment  of,   3899-29.....' 38 

Powers  of,  3899-30 38 

Report   of.    3899-30 38 

Township  districts,    employment  unlawful,    when,    4018 136 

Payment  of,   in,   4018 V'id 

Truant  officer,  directions  to,  by  superintendent,  4022-5,  4022-7 148,   149 

Report  of,  to  superintendent,  4<>ii-5 148 

Suspension. 

Cleveland,  school  council  or  school  director,  of,  3899-22 34 

Pupils  may  be  suspended  from   school,   4014 134 

Schools  may  be  suspended  in  subdistricts,  when.  3921 55 

Discontinued  in   subdistricts,    when,   4009-19 130 

Schools  specially  endowed,  suspension  of  trustees,  of,  4105-68 210 

Toledo,  suspension  of  superintendent,  3899-33 39 

Business   manager,    of,    3899-33 39 

Swamp  Lands. 

Interest  upon  proceeds  of  sale  of,  disposition  of,  3962 7U 

T. 

Tax. 

Board  of  education,  estimated  by,  for  regular  tax  lew  .inr.,<i 72 

Certificate  of,    to  county  auditor,.   3960 75 

Maximum  levy  by,  authorized,  3959 73,  74 

Special    levy   by ,    election    for,    3991 97 

Bond  issue  in  anticipation  of.  .3993 99 

.  Bond  issue  in  anticipation  of  levy,  3993 99 

In  city  districts.   3994 100 

Cincinnati ,  levy  authorized,  '^959 73 

Library   in,    levy   for,   3999c 104 

City  districts,    first  class,    levy  authorized,   3959 73 

Bond  issue  in  anticipation  of  levy,   3994 100 

Cleveland ,    levy   for ,    authorized ,    3959 73 

Levy,  how  made,    in,  3899-2 28 

Library  purposes,    for,   how  expended,   4002 106 

Library  property  in,   exempt  from,   4002-5 li>7 

Manual  training  school,  tax  for,  4020-18 141 

Sinking  fund  for  library  board,   4002-16 110 

Columbus,  manual  training  school,  tax  for,  4020-21 142 

Compulsory  education  law,  tax  authorized,  when,  4022-13 153 

Dayton,    for  library   purposes,    4002-35.    4002-36 116 

Election  on  question  of  special  levy,   3991 97 


296  OHIO   SCHOOL   LAWS. 


X  Index. 

Tax  —  Concluded.  page. 

High  schools,  township  districts,  tax  for,  4009-2 , 12& 

Township  or  joint  township  high  school,  election  on  question  of 

levy  for,  4009-15,  4009-16 128,  129 

Election  not  necessary,   when,  4009-17 ISO 

Joint  subdistricts,  levy  for  school  house,   in,  3941a 65 

Kindergarten,    special    tax    for,    3958a 73' 

Library,  levy  for  in  city  districts,  3996,  3997 102' 

Certain  cities  and  villages,  in,  tax  for,  4002-39-4002-45 118-120^ 

City  districts,  second  class,  fourth  grade,  tax  for,  4002-46-4002-49.120,  121 

Maximum  levy  for  all  districts  3959 73' 

Ohio   State  University,    tax   for,    3951 69 

Ohio  University,  lands  of,  on,  4105-4,  4105-6,  4105-7 192 

Portsmouth,    tax   for   library,    4006 121 

Property  of  board  of  education,  exempt  from,  3973 86 

School  prop'erty,  exempt  from  taxation,   Art.  12,    Sec.  2,   3973 6,  86 

School  tax  paid  by  non-residents  to  be  credited  on  tuition,  4013....  133 

Special  district,  abandoned,  special  levy  to  pay  debts,  3927 60" 

Special  levy,  election  on  question  of,   3991 97 

Certificate  of,   to  county  auditor,   3992.  . ) 98 

Bond  issue  in  anticipation   of,    3993 99 

State  school  tax,   3951 .- 69 

Tax  levy,  maximum  for  schools,  3959 \  .     73,  74 

Estimate  for,   certified  to  county  auditor,   3960 75 

Levy  to  exceed  maximum,  must  be  submitted  to  vote,  3959 73,  74 

Toledo  University,   for,   4104 189 

University  of  Cincinnati ,   for,   4104 189 

Teachers. 

Appointment  of,   3897a,   4017,   4018 21,  135,  136 

Board  of  education,   member  of,   cannot  vote  for  certain  relatives, 

6975a    (footnote) 135 

Certificate,  granting  of,  4066,  4073,  4081..., 170,  174,  178 

Branches  of  study  necessary,  4020-24,  4074,  4078 143,  175,  177 

Fee  required  for,  4068,  4071,  4081 171,  172,   178 

Original  or  copy  must  be  filed  with  clerk  of  board  of  education, 

4051 164 

Prerequisite  to  employment  of,  4051,  4074 164,  175 

Revocation  of.  4067.  4073.  4081 171,   174,   178 

Cincinnati,    appointment    of,    in,    3897a 21 

Pension  fund,  in,  3897b-3897i 22-25 

Cleveland,   appointment  of,    in,  3899-5 30^ 

Pension   fund,    in,    3899a-3899p 35-37 

Compensation  of,   how  fixed,   4017 135 

Dismissal  of,   3897,   4017. " 20,   135 

For  insufficient  cause,  may  institute  suit,  4019 137 

Employed  as,  who  may  be,  4074 175 

Examination  of,   for  certificates,  4071,  4071a,  4073,  4074,  4078,  4080,    . 

4081 172-175,    177,  178 

Forms  relating  to ,  237,   238,  246 

High  schools,    in  township  and  joint  township  districts,    teachers  in, 

4009-18  130 


OHIO  SCHOOL  LAWS.  297 


Index. 


Teachers  —  Concluded.  PAGE. 

Holidays,  may  dismiss  schools,  on,  4015 IS* 

Institute,  may  organize,  4086,  4093 181,  18a 

Schools  may  be  dismissed  for  teachers  to  attend,  4091 182 

Investigation  of,  by  county  examiners,  4073 174 

Joint  subdistricts,  validity  of  certificate  in,  4073 174 

Order  for  pay  of,  illegal,  when,  4051 ...  164 

Portsmouth ,  qualification  of,  in ,  3898a  (2) ...  28 

Qualification  for  employment  in  schools.   4020-24.   4070.  ...143,   175 

Report  of  schools,   required,  4022-6,  4051,  4059 149,  164,  167 

Schools  for  deaf  children,   teacher  in,   required  to  hold  certificate, 

4009-13   128 

Scientific  temperance,   must  be  examined  in,  4020-24 143 

Sexual  intercourse  with  pupil,  penalty,  7024  (footnote) 136 

State  commissioner  of  common  schools,  duties  as  to,  357 10 

Subdistricts,  notice  to  elect,  3918 54 

Election   of,    in.    4017 135 

Suspension  of  pupils,   by.   4<>14 134 

Term  of  appointment,    maximum,  4017 135 

Toledo,   appointment  of,    in,   3899-28 38 

Pension   fund,    in,   ;M>JM0-3899-4«; 41^4 

Township  districts,  employment  in,  prohibited,  when,  4018 136 

Order  for  payment,  in,  how  drawn,  4018 13(3 

Teachers'  Institute. 

Bequests  for  educational  purposes  may  be  applied  to  institutes,  20-1 

(footnote)    181 

Bond  of  executive  committee,  4086 181 

Forfeiture  of  bond,   4089 182 

City  districts,  first  class,  institutes  for,  4092 183 

Funds  for,   how  provided,   4072,   4083 173,  179 

County  auditor  to  pay  to  executive  committee,  4087 182 

Unexpended  balance  to  be  returned  to  county  treasury,  4087 182 

Organization  of,    4086 181 

Purpose    of,    4086 181 

Report  to  state  commissioner  of  common  schools,  4088,  4094 182,  183 

Penalty  for  failure  to  report,  4088 182 

Scientific  temperance,  instruction  in,   required,  4020-25 143 

Sessions,    length   of,    4094 183 

State  commissioner  of  common  schools,  to  visit,  357 10 

May  hold  institute,    when,   4090 182 

Teachers  may  dismiss  school  to  attend,  4091 182 

Of  adjacent  counties,   may  organize,  4093 183 

Teachers'  Pension  Fund.     (See  Pension  Fund.) 
Temperance.     (See  Scientific  Temperance.) 
Territory. 

Annexed  for  school  purposes ,  3886 15 

Detached  for  school  purposes,   3886 15 

Transfer  of,  3893 16 

Text  Books. 

Adoption  of  by  boards  of  education ,  4020-14 139 

Board  of  education,  may  appoint  agent  for  sale  of,  4020-14 139 


298  OHIO   SCHOOL   LAWS. 


Index. 


Text  Books  —  Concluded.  ■  PAGE. 

Failure  of  publishers  to  furnish,  action  taken  by  board,  4020-13. . .  139 

Notice  to,  of  publishers  entitled  to  sell  books,  4020-12 139 

Purchase  and  sale  of,  by,   4020-14. 139 

Exchange  of,    with  pupils ,   4020-14 139 

Failure  of  publishers  to  furnish,  action  to  be  taken  by  commission, 

4020-13   139 

Filing  of,  in  office  of  state  school  commissioner,  4020-10 138 

Free  school  books,  4026 154 

Notice  to  publishers,    4020-11 138 

Price  of,  how  fixed,  4020-11 138 

Publisher's  price,   filing  of,  4020-10 138 

Recommendation  of,  by  school  officers  for  a  consideration,  penalty, 

6975a    (footnote) 135 

School  Book  Commission,  how  constituted,  duties,  4020-11,  4020-13.138,   139 
Thanksgiving  Day. 

Dismissal  of  schools,   on,   4015 134 

Tie  Vote. 

Election  of  director  or  subdirector,  tie  vote  decided  by  lot,  3978 88 

Township  clerk  has  a  vote,  only  in  case  of  a  tie,  3915 62 

Toledo. 

Board  of  Education. 

Election  of,  3899-25,  3899-26 37 

Manager,  business,  3899-29,  3899-31-3899-33 38,  39 

Meetings   of,    3899-25 37 

Membership  of,   3899-25-3899-27 37,  38 

Organization   of,    3899-29 38 

Powers  of  board,  3899-28 38 

Superintendent   of  schools,    employment   and   removal  of,    3899- 

29,   3899-33 •     38,  39 

Teachers,    appointment  of,   3899-28 38 

Terms  of  members,    3899-27 38 

Treasurer  of  board,  city  treasurer  to  be,  3899-34 39 

Bond  of,  3899-34 39 

Compensation  of,    3899-34 39 

Duties  of,  3899-35,  3899-36 40 

Contingent  fund ,   how  applied ,   .3968 '     79 

Contracts  by  beard,  manner  of  letting.  3899-37,  3899-38 40 

Library. 

Access  to,   free  to  residents  of  city,  4002-28 114 

Board  of  trustees,  4002-21 Ill 

Bonds,    for  library.   4002-23.   40(12-24,   4002-27 Ill,   113,   114 

Donations,    trustees   may  accept,   4002-31 115 

Establishment  of,    tax  for,    4002-19 Ill 

Librarian  and  assistants,  employment  of,  4002-23 Ill 

Management  of,   4002-21 Ill 

Organization  of  board,  powers,  duties,  4002-23 Ill 

Penalty  for  injuring  library  property,  4002-30 114 

Report   of  trustees,    4002-29 114 

Site  for  library,  how  acquired,  4002-25-4002-26 113 

Transfer  of  property  from  board  of  education  to  library  board, 

4002-22   Ill 


OHIO  SCHOOL   LAWS.  299 


Index. 


PAGE. 

University  of  Toledo,  provisions  as  to,  4095-4105 186-190 

Toledo  University. 

Provisions  in  regard  to,  4095-4105 186,  190 

Teachers'   Pension  Fund.     (.See   Pension  Fund.) 
Township  Clerk.     (See  Clerk  of  Board  of  Education.) 

Board  of  education,  member  of  ex-officio,  3915,  3921-7 52,  58 

Election  to  change  townships  to  village  district,   result  to  be  filed 

with,  3895 17 

Township  Districts.     (  See  Subdistricts.) 

Board  of   Education. 

Election  of.  3916,  3917.  3922 

Joint  subdistricts,  boards  may  establish,   how.   '^'>\"-'  i>- 

Meetings  of  board,   3920 55 

Special  meetings,   how  called,  3920 .V» 

Membership  of  board ,  3915 52 

Organization   of,    3915 52 

Standing  committees  of,  3920 65 

Subdistricts,  withdrawal  of,  from  special  districts,  board  has  juris- 
diction of,    3926 '. 60 

Term  of  members,  3915 62 

Centralization  of.  3921-3921-8 ''^-^H 

Changed  to  village  district,   how,  3894 1" 

Election    for,    how   conducted,    3895 17 

Organization  after  change,   3896 18 

Classification    of.    :W8.5,    3890 11.    10 

Clerk  of  (See  Clerk  of  board  of  Education.) 

Commencements,    held    in,    4029-2 155 

Expenses  of,  how  paid ,  4029-4 156 

Compulsory  attendance ,   in .   4022-1-4022-14 145-163 

Contingent  fund,   apportionment,   to,  3964,  3966, 77,  78 

Apportionment  of,   to  subdistricts,  3967 79 

Election  of  director  and  subdirectors,  3916,  3917,  3922...  ".2,  63,  68 

Tie   vote,   how   decided,   3978 88 

Forms   relating  to 231-247 

High   schools,    in,    3928.  3929.    4009-4009-2.    4009-15-40095,   3921-1- 

3921-8   62.  63,  125.  126.  128.  131,  6fr^ 

Map  of,    required,  3921 55 

Subdistrict  schools  must  be  continued  same  length  of  time.  3967 79 

Apportionment  of  funds  to,  3967 79 

Discontinued .    when .    4<M)9-19 130 

Number  of  required,   in,  4007 124 

Tax  levy  authorized,   maximum,   3959 7:1,  74 

Teacher,    election   of,    in,    4017 135 

Employment   prohibited,    when,    4018 136 

Order  for  pay,  how  drawn ,  4018 1.36 

Territory  transferred,  how.  3893 16 

.  Treasurer  of.     (See  Treasurer  of  Board  of  Education.) 

Tuition,   payment  of,  to  high  school.  4f>22.  4029-1 lU.    155 

Township  Treasurer.     (See  Treasurer  of  Board  of  Education.) 

Board  of  education,  is  ex  officio  treasurer  of,  4042 160 


300  OHIO  SCHOOL  LAWS. 


Index. 


Township  Trustees.  PAGE. 

Corpse,  surrender  of  by,  for  dissection,  3763 226 

Relief  of  indigent  children,  to  secure  school  attendance,  4022-9 151 

Township    districts    changed   to    village    districts,    duties    of,    as    to 

election  for,  3895 17 

Vaccination  of  pupils,  duties  as  to,  3986 92 

Transfer. 

Pupil  of,  from  one  district  to  another,  4022 144 

From  one  subdistrict  to  another,  4013 133 

When  pupil  lives  more  than  one  and  one-half  miles  from  school, 

4022a   144 

Territory,  from  one  district  to  another,  3893 16 

Form  for 240 

Transportation. 

Centralized  townships,   of  pupils  in,   3921-8 ." ,  58 

Subdistricts ,   of  pupils  in ,  3921 55 

Traveling  Expenses. 

County    examiners ,    of,    4075 176- 

Examiner  of  school  funds,  of,  365 * 12 

State   examiners,    of,    4068 171 

Treasurer  of  Board  of  Education. 

Accounts  of,   how  kept,   4055 165- 

Bond   of,    execution   of,    4043 161 

Copy  of,  to  be  filed  with  county  auditor,  4043 161 

Funds  must  be  produced  and  counted,  on  filing  of  bond,  4043 161 

New  bond  may  be  required ,   4043 161 

Release  of  surety ,   on ,  4043 161 

Centralized  townships,  who  is  treasurer  of  board,  3921-7 58 

Compensation   of   in    city   districts,    4042 160 

In  other  districts,   4056 166 

Disbursements    by,    4047 163 

Election  of,   4042 160 

Forms  relating  to 238,  242,  243,  244 

Funds,  amount  treasurer  may  hold,  4048 163 

Meeting  of  township  trustees,  must  attend,  what,  1458  (footnote) 89 

Orders  on ,  how  drawn ,  4047 163 

Receipt  of  moneys,   by,  3960,   4047 75,   163 

Joint    subdistricts,    treasurer    of    board    having    control    of,     to 

receive,     3963 77 

School  district,    treasurer  of,    how  selected,    4042 160 

Settlement  with  county  auditor,   4044 162' 

Penalty  for  failure  to  make,  4045 162 

Successor,    delivery  of  property  to,    4049 163 

Teachers'  institute  in  city  districts,   funds  of,  to  be  paid  to  county 

treasurer,   when,  4092 188 

Term  of,   4042 160 

Toledo,   city  treasurer  is  ex  officio  treasurer  of  board,  3899-34 39 

Township   districts  to   divide  funds   with   newly   created   special    and 

village  districts,   3946a 67 

Treasurer  of  County.     ( See  County  Treasurer.) 


OHIO  SCHOOL  LAWS.        '  301 


Index-  T— U 


Trial.  PAGE. 
Blind  children,  hearing  to  determine  advisability  of  sending  to  state 

institution,    for.    4022-10 151 

Deaf  and  dumb  children,  hearing  to  determine  advisability  of  sending 

to  state  institution,   for,  4022-10 151 

Juvenile  disorderly  persons,  proceedings  against,  4022-8 150 

Parents,  proceedings  against  for  failure  to  compel  children's  attendance 

at  school,   4022-7 149 

Teacher,  trial  of,  by  county  examiners,  4073 174 

Truant. 

Forms  relating  to  truancy 244-247 

Juvenile  disorderly  person,   truant  is,    4022—1 148 

Penalties,    4022-8,    4022-12 150,  153 

Proceedings  against,   4022-7,   4022-8 149,  150 

Report  of  by  board  of  education,  4025 154 

By  principals  and  teachers,   4022-6 149 

Truant  Officer. 

Complaint  by,   against  child,  4022-8 150 

Deaf,  dumb  and  blind  children,  report  of,  4022-10 151 

Forms  relating  to  duties  of 244-247 

Notice  to  parents,  4022-7 149 

Parent ,    warning  to ,    by ,   4022-7 149 

Penalty,  for  neglect  of  duty,  4022-11,  4022-12,  4027 152,  153,  154 

Powers   and   duties ,    4022-5 148 

Relief  of  indigent  child,  report  on,  4022-9 151 

Report  to,  by  principals  and  teachers,  4022-6 149 

Trustees,     (See  Township  Trustees.) 

Cincinnati  University,   trustee  of  property  of,  4097 186 

Educational   institutions,    trustees  of,   3726-3771a 213-229 

Ohio   State   University,    of,    4105-10-4105-48 193-204 

Schools  specially  endowed,  trustees  of,  4105-67-4105-73 210,  211 

Toledo  public  library,   of,  4002-21-4002-31 111-115 

Wilberforce  University,  of,  4105-54^105-65 206-208 

Tuition. 

Free,  when,  4013 133 

Non-residents,  entitled  to  credit  of  school  tax  paid  within  the  district, 

4013    133 

Payment  of,  by  agreement  between  the  boards  of  education,  4022...  144 

For    "Boxwell"    graduates,    4029-1 156 

Pupils   residing   more   than   one   and    one-half   miles   from    school, 

payment  of,  4022a 144 


U. 

United  States  Military  District. 

Enumeration   of  youth  in ,   4030 167 

Funds  derived  from  sale  of  lands  in,  disposition  of,  3953,  3954 70,  71 

University.     (See  Colleges  and  Universities.) 

University  of  Cincinnati. 

Admission    to,    regfulated,    4100 188 

Bequests,    may   accept,    4095 186 


302 


OHIO  SCHOOL  LAWS. 


U— V 


Index. 


University  of  Cincinnati- -Concluded.  PAGE. 

Board  of  directors,  appointment  of,  4098 187 

Powers  and  duties  of,   4099 188 

Degrees ,    when  conferred ,   4102 18ft 

Funds,    application    of,    4096 , 186- 

Accounts  of,   how  kept,   4101 188 

Site  and  grounds,  4103 ; 18ft 

Tax  for,  how  levied,  4104 , 18ft 

Trustees,   appointment  of,   4098-1 187 

University  of  Toledo.     (See  Toledo  University). 


V. 

Vacancy. 

Appointment  to  fill,    general  rule,    11  (footnote) 8ft 

Board  of  education  in,  how  filled,  3978,  3981 88,  8ft 

Cincinnati  library  trustees ,  vacancy  in ,  3999 102 

City  and  village  boards  of  examiners,    in,    4077 177 

Cleveland  board  of  education,  in,  how  filled,  3899-9 30 

County  board  of  examiners,  how  filled,  4069 171 

Educational  institutions,  in  board  of  trustees,   how  filled,  3733 21i 

Ohio  State  University,  in  board  of  trustees,  how  filled,  4105-38 202 

Schools  specially  endowed,  board  of  trustees  of,  4105-68 210 

State  board  of  examiners,   how  filled,   4065 170 

State  commissioner  of  common  schools,  in  office  of,  354. 9 

Subdirector,   ofifice  of,   how  filled,  3978,  3981....- 88,  89 

Toledo  library  board,  how  filled,  4002-21 Ill 

Wilberforce   University,    in  board  of  trustees,    4105-57 206 

Vaccination. 

Free  in  certain  cases ,  3986 : 92 

Rules  in  regard  to  in  schools ,  3986 92 

Village  Districts. 

Abandonment  of,  how  effected,  3926 60 

Board  of  education,  election  of,  3908,  3909,  3910 48,  49 

Membership    of,    3904 46 

Membership  increased,    how,    3911 4ft 

Organization  of,   3914,   3980 51,  88 

Boundaries  of.  changed  by  petition,  3946-3948 66,  67 

Classification  of,   3885,   3888 14,  15 

Clerk  of.     (See  clerk  of  board  of  education.) 

Compulsory  attendance ,  in ,  4022-1-4022-14 146-163 

Establishment   of  3912-3914 50,  61 

Funds,  newly  created  district  to  ^receive  from  township,  3946a 67 

Hamilton  county,  districts  in,  special  law  for,  8904-1 46 

Kindergarten,  may  be  established  in,  3958a 73 

Libraries .  may  be  established  in,  4002-39-4002^5 118-120 

Organization  of,  by  election,  3912-3914 50,  51 

Tax  levy  for,   maximum,  3959 T8,  T4 

Teachers  of,  may  unite  with  other  districts  to  organize  institute,  4093.  183 

Township  district  changed  to  village  district,  3894 17 

Election  for,  how  conducted,  3895 17 

•Organization  of,  after  change,  3896 18 


OHIO  SCHOOL  LAWS.  SOS 


Index.  V W 


Village  Districts  —  Concluded.  pagb. 

Transfer   of  territory ,    38J>3 IB. 

Treasurer  of,  (See  Treasurer  of  board  of  education.) 

Village  may  become  village  district,  how,  3912 50 

Virginia  Military  District. 

Accepting  certain  lands  in,  ceded  to  Ohio  by  the  United  States,  4105- 

liM105-25   196-199 

Copies  of  entries  and  surveys  to  be  made  in  certain  counties  in,  4105- 

48   204 

Damage  to  lands  in ,   4105-20 196 

Deed  for  lands  in.  4105-48 204 

Division  and  appraisal  of  lands  in ,  4105-22 197 

Enumeration  of  youth  in,  4030 , 157 

Relief  for  money  wrongfully  paid,  for,  4105-50 205 

Sale  of  lands,  4105-23 198 

Title  to  lands,   where  vested,  4105-21 190 

Visitors.     (  See  Board  of  Visitors  ) 

Vouchers.     ( See  Order.) 

w. 

W^ages.     (  See  Compensation.) 
Wards. 

City  wards,  elections  held  in,  3897-3907 20-47 

Washington's  Birthday. 

Dismissal  of  schools,    on,   4015 134 

Week. 

School  week,  length  of.    inKJ 134 

W^ilberforce  University. 

Normal  and  industrial  department  of,  4105-54 206 

Admission  to,  free,  of  appointee  of  member  of  general  assembly, 

4lo.>^U    208 

Appropriation   for,   4105-62,   4105-65,   4105-^6 207,  208 

Board  of  trustees  appointment  of,  4105-55,  4105-^,  4105-68 206,  207 

Expenses  of,  4105-59 207 

Meetings  of,  4105-59 • . .  • '-'07 

Powers  and  duties  of,  4105-60 J*^" 

Report  of,  4105-63 -'••8 

Vacancies  in,   how  filled,   4105-57 20(J 

Bond  of  treasurer,  4105-62 207 

Funds  of,   4105-62 207 

Non-sectarian,   department,   4105-61 20T 

Tax  levy  for,   4105-65 208 

Witness. 

Joint   subdistrict.   commissioners  to  consider  formation  of,   may  ex- 
amine under  oath,   3939 65 

Teachers,   investigation  of,   witnesses  at,  4078,  4081 174,178 

Woman. 

Ballot  box  separate  for,  3970-11 ^» 

Registration  of,   3970-12 84 

Vote  for  school  officers,  can,  3970-10 84 


304  OHIO   SCHOOL  LAWS. 


Y — Z  Index. 


Y. 

Year.  page. 

Annual  enumeration,   4030 157 

School  year,   length  of,  4016 134 

Subdistrict  schools  in  a  township  must  be  continued  same  length  of 

time  in  school  year,   3967 79 

Yeas  and  Nays. 

Board  of  education,  yea  and  nay  vote  of,   must  be  taken  in  certain 

cases,    3982 90 

Youth. 

Assignment  of,  to  schools,  by  board  of  education,  4013 133 

Attendance  at  school,   free,  when,  4013 133 

Attendance  of,    enforced,   4022-1^022-14 145-153 

Enumeration  of,   4030^041 157-160 

Employment 'of,    unlawful,    when,    302   (footnote),    4022-2,    4022-3, 

6986-7  (footnote) 146,  147 

Non-residents,  can  attend  school,  under  what  conditions,  4013,  4022, 

4022a,  4029-1 133,  144,  155 

Z. 

2anesville. 

Charity  school  at,  children  may  be  sent  to,  when,  4011 132 


Oir  Tttu 

VNIVERSITT 
^LIFOBt;^ 


TD  01385 


21150 


